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THE

y RIGHTS OF MAN

^ BEING A PROPOSITION

TO JKilZB XT BQITAZi AMOKO TBB JUOmVB

OF THE

PRESENT GENERATION:

AND TO PROVIDE FOR ITS I-.QUAL TRAN:f BlIgiSION TO EVERY
INDIVIDUAL OF EACH SUCCEEDING GENERATION, ON
ARRIVING AT THE AGE OF BIATURITY,

▲DDRKSSED TO THE
CITIZENS OF THE STATE OF MEW-YORK, PARTICI/LABLT, AND TO

the people of other States and Nations, generally.

" I hold these truths to be srlf-pvu'.eiit ; that ail men are created eqaal ; that
Tbcy are endowed, ly their L rratoi , vtitft cprtain unalienable rishtsf and that
omong these are life librrtv oud property. —Altered from Mr. Jefferson'*
Declaration of American Independence.

BY THOMA8 8KIDMO

|2eta^¥otk :

PRINTED rUS THE AUTHOR BT ALElANDiR UmO, JSR.

106 Beekman-8tre«t.

SotUhem District of NtW'York^ ss.

Be it remembered, that od the thirteenth dajr of Aug. A. D. 1829
in the fiAy-fourth year of the IndepeDdence of the United States
of America, Thomas Skidmore of the said District, has deposited
in this office, the title of a book, the right whereof he claims ag
Author in the words following, to wit:

" The Rights of Mnn to Property, being a proposition to make
it equal among the adults of the present Generation; and to pro-
Tide for its equal transmission to eveiy individual of each succeed-
ing generation, on arriving at the age of maturity. Addressed to
the Cit sens of the State of New-York, particularly, and to the
people of other States and Nations generally — ^' I hold these truths
to be self evident ) that all men are created equal ; that they are
endowed, by their Creator with certain unalienable rights , and
that among these arc life, liberty, and property .'' Altered from
Mr. Jefferson's Declaration of American Independence. — By
Thomas Skidmore.*' ,

In conformity to the Act of Congress of the United States, en-
titled, '* An Act for the encouragement of Learning, by securing
the copies of Maps, Charts, and Books, to the Authors andpro-
|irietors of such copies, during ihe time therein mentioned." And
also an Act, entitled ** An Act, supplementary to an Act, entitled
an Act for the encouragement of Learning, by securing the copies
of Maps, Chaits, and Books, to the authors and proprietors of such
copies, during the times therein mentioned, and extending the be-
nefits thereof to the arts of designing, engraving, and etching
historical and other prints."

FRED. J. BETTS,

Clerk of the Southern District of Neit^York.

Vvi.v. ■.•:/i: ■.29e.0^2; ^ •■

• > •

pfi.i<:]P4^CE.

• • •
• • ■»

There is no man of the least reff^tion, who
has not observed, that the effect, in all a^es and
countries, of the possession of great and undiie
wealth, is, to allow those who possess it, to li?^ oh
the labor of others. And yet there is no truth
more readily, cheerfully^, and uniyersally ac-
knowledged, than that the personal exertions of
each individual of the human race, are exclusively
and unalienably his own.

It would seem, then, to be no bad specimen of
argument, to say, inasmuch as great wealth ia an
instrument, which is uniformly used to extort from
others, their property in their personal qualities
and efforts^ — that it ought to be taken away from
its possessor, on the same principle, that a sword
or a pistol may be wrested from a robber, who
shall undertake to accomplish the same effect, in a
different manner.

One thing must be obvious to the plainest un-
derstanding ; that as long as property is unequal;
or rather, as long as it is so enormously unequal,

as we see it at present, that those who possess it^
will live on the labor of others, fiiiA Jthemselve^
perform none, or if any, a very disproportionate
share, of that toil which attends them as a condi-
, tion of their existence, and Without the perform-
ance of which, they^have no^tt^^ right to preserve
or retain that existcitce, even for a single hour.

It is not passible to maintain a doctrine to the
contrary pf-jthi.^ position, without, at the same
time, mail^C^iiiing an absurdity no longer tolerated
in eculightened countries ; that a part, and that a

.v^ry great part, of the human race, are doomed, of

• • • *

<ight, to the slavery of toil, while others are born,
only to enjoy.

I, for one, disavow every such doctrine. Even
if it be admitted that the present possessors of pro-
perty, in any country, are the true and rightful
owners of it, beyond any question, still I maintain
that they have no just right ^ouhc it in such a man-
ner, as to extract from others, the result of their la-
bors, for the purposeof exempting themselves from
the necessity of laboring as much as others must
labor, for a like amount of enjoyment* The mo-
ment that any possessor of property, makes such
use of it, I care not how, nor under the sanction of
what law, or system of laws, as to live in idleness,
partial or total, thus supporting himself, more or
lesst on the labors of others ; that moment ho
contravenes and invades the rights of pthers ; , and
has placed himself in the condition which would

justify the party injured, in dispossessing the ag-
gressor, of the instrument of his aggression.

But the work which I thus present to the con-
sideration of my fellow citizens and others, does
not rest here the defence of its principles. It does
not rest contented with merely showing, in this
way, that men have no right to their property, (as
they call it) when they use it, for the purpose of !
converting their fellow beings into slaves to labor \
for their use. It goes farther. It attempts to
shew, that the whole system of the laws of proper-
ty, in all countries, is such : that no man has any
just and true title to his possessions at all : that
they are in fact, possessions growing out of injus-
tice, perpetrated by all governments, from time 1
immemorial and continued down to the present
hour, it depends then upon the siiccess of this at-
tempt, whether I have added strength to the posi-
tion I have assumed, that all men should live on
their own labor ^ and not on the labor of others. If,
in the course of the following pages, I have shewn
that the present possesi^ors of enormous property,
(I mean xnoxfi particularly these,) have'^no just title
to their possessions ; and if it is apparent, as I
trust it is, than when property is enormously une-
qual, that the men of toil, of all countries, can
never have the full enjoyment of their labor ; it
will be conceded, no doubt, that I have shewn
enough to justify my fellow citizens in pulling down
the present edifice of society, and to induce them
to build a new one in its stead, pTovVde^ \ \\^n^

also Bhewn how to organize this new government
in such a manner as to compel all men, without
exception, to labor as much as others must labor,
for the same amount of enjoyment ; or, in default
thereof, to be deprived of such enjoyment altoge-
ther. Of this, however, it is for the reader, and
for every reader, to judge.

As to the manner in which this work is execut-
ed, it becomes me to say but little. I am sensible,
however, that it contains abundance of imperfec-
tions. I am aware that there are hundreds and
thousands, who, entertainmg the same sentiments
that I do, could have supported them in a manner
much more acceptable to the public than I have
done. But I trust, if the frame of civil society
which I. have erected upon its pages, shall find
friends and advocates, that there will not be want-
ing men who shall do justice to its principles.
With this observation, I commit myself to the judg-
ment of an impartial community ; and await, with
pleasure, the destiny to which they will consign
these labors, which have had only for their object
the promotion of the welfare of the public, and the
equal interest which I myself have therein, as one
of their number.

THE RIGHTS OF MAS TO PROPERTY,

CHAPTER I.

I am undertaking a work, which, as Rousseau
said of his ^^ Confessions," has no example, and
whose execution perhaps, will find no approvaK
But, be this as it may ; the consciousness I feel}
that my motives are pure, and that the work
which engages me, will tend to fix on an imper-
ishable basis, the happiness of my fellow beings,
is all the encouragement and support I require to
bring it to a consummation. When they shall
have read it, they will judge for themselves, how
far my means of assuring that happiness, will be
likely to coincide with my intentions and expecta-
tions.

The same author, on another occasion, has
said, that inasmuch as he was not a Legislator,
therefore^ he ofibred his sentiments to those who
wdre. Had he been such, he observed, he would
not have troubled the world with his opinions ;
but would have proceeded, forthwith, to put them
into execution. How very proper, thea^ tM.^ \t.

not be in an age and in a country, where every
man is a Legislator, for any and every citizen to
exercise his functions as such, whenever he shall
believe he may be able to do so, with advantage
to his fellow citizens.

But if, in this country, we are all Legislators,
we are not exclusively so. No one of us has
power in this capacity, of making a law over his
fellow citizens, in opposition to his consent. A
majority of our aggregate number is, alone, ca-
pable of fully consummating a Legislative act.
As it re^rds each individual of our community of
Legislators, he stands in relation to the whole, as
a nietaliber of one of our State Assemblies does, to
all the' kiri^mbers of which it is composed. He
has the same right,, of making his motion, of sub-
mitting his proposition's, and of offbring all the
arguments and reasons he thinks proper, in their
support. Such is the relation, in which I per-
ceive myself to be placed, with my fellow citizens
of the State of New- York ; and it is in the full
exercise of the rights, in the possession of which,
this relation leaves me, that I shall offer to their
consideration, through the medium of this work, a
proposition, to entirely re-model the political
structure of our State, and make it essentially
different frofm any thirig of the kind heretofore
known.

As it is, however, a proposition, which, before
it can be carried into execution, must be thorough-
ly and deeply inveMiigated, if not by ei^ery indivi- -

dual, at least by a majority so sfreat, as to leave a
minority of very little importance in point of
numbers ; so it is of the greatest moment, to the
reception or rejection of this proposition, which-
ever it may meet with, at the hands of this com-
munity, that the art of printing, has arrived at
such perfection, that the price^ at which a copy of
this work will be afforded, will not be, beyond the
means of any man who feels an interest in the
subject which it discusses. That every m&n in
the State, from the highest to the lowest, has sueh
an interest, and that of the greatest magnitude,
will be evident enough, in the further progress of
the work.

It would, however, be of little use, — ^that books
were afforded at a moderate price, if readers were
few in number. H ippily, with us, such is not the
fact. While, in France, which has the best in-
structed population on the continent of Europe,
there are, as we are told, seventeen millions out
thirty, who, are unable to read ; in the State of
New- York, as well as most of our sister-States,
scarcely one-twentieth, I believe, are incapable
of reading, with a full understanding of what they

read. Whoever, therefore, comes before an
American community, with a printed proposition,
presented^ in clear and plain language, built on
and supported by, principles, which to such com-
munity shall appear to be adapted to give them
tbeir rights, when full investigation ^ball havo

been bad of it, cannot fail to be well received ; —
. and his proposition carried into full effect ; though
to do so, it should cause a greater change, in
our civil code, than has ever yet happened, in
any country even in this age of revolutions.

As yet no condition of things has ever existed,
in which abuses have not sprung up and flourish-
ed. There have been those, who have profitted
by them ; and they have always opposed the ex-
tirpation of the evil upon which they fattened.
One of their modes, of resisting any change which
would go to deprive them of their dishonest nutri-
ment, baif ever been to represent that the evil was
inevitable ; that it was impossible to eradicate it ;
and that therefore it was best to submit to it,
^ without complaint or repining. And too often
has it been attended with success. The friends
of pure and virtuous principles, in all. ages, have,
too often, been alarmed into an opinion, that they
could not concentrate the co-operation of men of
their own description suflicient to resist the tor-
rent of corruption, and have yielded to despair :
while those who flourished in the destruction of
those principles, which alone can promote the
public welfare, have triumphed ovei them.

&ut this state of things is doomed, soon to ter-
minate its existence. The printing^ress^ to-
gether, with the population of a whole State or
Empire, being instructed, and rendered capably
of reading f-^together, also, with the possession.

by every i ndividga l of such population, of Me right
of suffrage; put it out of the power of a few, to
defeat, frustrate, or delay, for any considerable
time, the wishes of the many. Henceforward, let
a writer advance views, that will benefit the great
mass of the community; and there will be found
no power adaquate to stay their adoption. Neith-
er minority, nor majority, will be able to per-*
suade themselves, or others, that the' interests of
the greater party, should not be consulted by
those who have the power (and who knotv too,
that they have it,) to do so* The utmost, that
interested opposers of reformation or revolution,
can hope to accomplish, is, tq retard inquiry ; so
that those who have an interest in the suppres-
sion of the abuses, or the false principles, of
government, shall not so soon arrive at a full and
general understanding of any change which may
be proposed, and the reasons that go to support
it, as they otherwise would. But in the present
state of knowledge ' among the citizens of the
American Confederacy, and particularly that por-
tion of it, where we find the free white man,
forming as it were, the entire population, such
delay will necessarily be extremely transient.

" AVe hold these truths to be self-evident ; that
*' all men ar<; created equal ; that they are en-
*' dowed by their Creator with certain unalienable
" rights ; that among these are life, liberty, and
"the pursuit of happiness." Who would not

ibink that principles, such as these, would not
only be acknowledged, but be acted upon, by all
mankind ? That they would not require to be pre-
sented to the consideration of our species, but
would meet with a 'spontaneous recognition, in
every human breast f And yet how small a portion
of mankind are prepared to acknowledge -them ?
Where, unless it be in the two Americas, shall wc
find it even admitted^ ^' that all men are created
equal?" If amidst all that has hoppened, and all
that has been written in favor of liberty, within
the last seventy or eighty years, liberty is no where
to be found, except on this continent, it would
seem to argue but little in favor of the efficiency
of th^ Press, or the omnipotence of our reasoning
faculties, towards bringing about revolutions in
the physical, moral, and civil conditioi^ of man.
Thomas Paine, who supported the rights of the
people of all nations, with an energy, and an
ability, perhaps never excelled, and who judged,
as to the future, with as much correctness as
most men, predicted* (in 1792,) that before the year
1800 should arrive, there would not exist a single
crowned head, in Europe ; and yet how lamenta-
bly wide of the prediction,is the fact ! So much so,
that we all know there is not a single republican
government in Europe, where, as he thought, in
7 or 8 years afterwards, there would have been
no other !

'Rights of Mao, SecoBd Part, p. 4.

tt may not be altof;«tber osdeMi to disciusft a
little, the causes that have had an influence in falsi-
fying a predictioii, which, as events have proved,
could have had no just foundation. That those
principles which were sillpposed to be capable of
supplanting the monarchical governments of
Europe, are such as are congenial to the nature
of man, consistent with his rights, and promotive
of his happiness, I presume few men in this coun^
try, will be disposed to deny. They are principles,
such as are incorporated into that Declaration of
Independence, which separated us from our alle-
giance to a Foreign Sovereign ; and Hransferred
to the people of these States, the right of govern-
ing themselves* The causes however which pro*-
duced such separation, were no doubt of the most
oppressive kind, and capable of stimulating no
common degree of energy, in their resistance.
Yet, it may well be doubted, whether most of the
acts of tyranny, which the Declaration of Indepen-
dence, charges to the account of George the
Third, might not have been perpetrated with im-
punity, by a native monarch, over the American
States, if the fact had been that such a monarch
had reigned over them. And even admitting that
resistance had followed, it is far from being cer-
tain, that such resistance would have been suc-
ceeded by the establishment of government on
principles fundamentally different from those in
previous existence. The monarch himself might

have been dethroned, but the throne itself, would
in all probabilitjr,haye re'hiained, and been occu-
Ipied by nnother. Besides we should recollect that
^the people of the United States, the first to set
the example of self government, had no monarch-
ical neighbors, to interfere by arms, or otherwise,
with their internal arrangements. Had such been
the fact, as uras the case with France, the first
which attempted republican government in Eu-
rope, there is little doubt, that liberty would have
been driven, perhaps for two centuries, from the
American Continent, as it has been from the
European.

But the chief cause of the failure of the predic-
tion, a prediction in accordance with the expec-
tations of muny of the most distinguished men of
the time, rh well those who dreaded, as those
, who wished its consummation, is to be found in
the general, nay, almost universal want of readers.
So much are mankind the creatures of habit,
that wherever they happen to have their exist-
ence, they seem to be disposed to rest content in
continuing to suffer from those evils, with which
they have been familiar, from their earliest in-
fancy, rather than to take the necessary measures
to eradicate them. Nay, it is not uncommon,
that evil is not considered as such ; and it fre-
quently happens, that they do not discover its true
eharacter,till some aggravated act of tyranny, per-
petrated by some capricious, or remorseless des-

pot, makes it known to them through the mediui^
o( greater sufferings, than those to which they had
heretofore been accustomed. Perhaps, in all hu-
man history, there is not more than a single in-
stance or two, if there be even these, where revo-
lutions have been produced, by any other cause
than by rendering the condition of the people of
those nations, in which they have happened, more
oppressive and burdensome, . than they were
before. And even this aggravation of the miseries .
of nations, is capable of being accomplished,
without the intervention of revolutions, where ty-
rants have sufficient discretion to make its intro-
duction gradual, and as it werejalmost impercept-
ible.

It results from these observations, what is ap-
parent to every reflecting man ; that the mass of
mankind are afflicted with evils of which they
have no just conception ; that they have rights, of
which they have no clear and definite under-
standing ; and that, in the slavery, poverty, and ig-
norance, with which they are surrounded, there is
no possibility of exhibiting to them, the evils un-
der which they labor, nor of acquainting them
with their rights, the possession of which would
remove their sufferings ; till they can be, or have
been, taught to read, and understand what they
have read. These remarks apply to every country^^-
but our own, and even to this, in every thiilg,
though in a qualified degree, except it be that of
public education.

It is possible, I hare dwelt longer than is
' agreeable to the reader, on the subject of the very
general instruction of the American people in the art
of reading, and of understanding what they read.
(In the further progress of this work, I trust how-
ever, that he will become convinced, that I do not
over-rate the importance of the fact, that a por*
tion so very gteat of our population, have acquir*
: ed this species of education. The innovations I
am about to propose to my fellow-citizens, in our
State-Government, and to the people of other
States and Nations, if thty shall think proper to
inquire how far they may be calculated to pro-
mote their welfore, are of such a nature, that they
require to be not only very closely, and deeply,
but if it were possible, universally investigated,
before they can be adopted, so as to be as useful to
the community generally^ as their own intrinsic
importance is calculated to make them. The rea-
der will perceive that it would be of little conse-
quence, how estimable and valuable, after fully
understanding them, he should consider them to
be, if, at the same time, he should suppose, per-
haps contrary to the fact, that there were not a
sufficient number of his fellow-^citizens, capable of
reading, and of course of understanding them,
aod the reasons that go to support them, to en-
force their adoption.

In such a case, the moist that could be said,
v^oql4 be, that the proposed innovation was a

Taloable speculation, adapted to be useful at a
future day, when education should have extended
its benign influence over a greater portion of our
population, But if, on the contrary, the reader
should be satisfied that there are, now^ a sufficient
proportion of our citizens qualified with instruc-
tion, to be made acquainted with the design and
probable operation of the changes in question, ho
would then feel a strong inclination to give it a
support of surpassing energy, corresponding with
his estimate of its importance to his own welfare,
and that of his fellow-citizens. Besides^ it is to
be considered, that all propositions meet with op-
position from somebody. Now, if that which I
have to offer, should be considered as injuring the
rich — ^whilc it was of the utmost benefit to the
poor, and middling classes of the community, who
form ninety-nine parts in every hundred of the
whole population of every country ; the knowledge
of the fact, that the great mass of the people are
capable of understanding it, because they have
the ability to read, and the means of purchase,
would convince the rich, that it would be perfectly
idle to oppose what so very large a majority should
determine to adopt and enforce.

The population of this State, from calculations
made from official data, at the beginning of the
present year (1829,) cannot vary much fronn
1,825,000. Of these it is ascertainable from the
same data, about, 750,000, are under the Mgt of

fifteen. The )>eriod in which imtmction is meet
generally given, is between the ages of fivt and
fifteen, and therefore, if we deducti from this num*
ber, one third for children under the age of fire
years, which will be sufficiently accurate for my
purpose ; there will remain half a million of chil-
dren requiring instruction, in reading, writing,
&c. &c. Now, it appears from the Report,
of the Superintendent of common schools, made
to the Legislature of this State, the present year,
that there were taught in those schools, in 1828,
449,113 children, between the ages mentioned;
and over and above these, 19,092, whose ages are
not mentioned. There are 445 school districts,
from which no returns were received. If we al-
low that there may be half as many children in-
structed in each of these districts, as were taught
in each of the other districts, it would add up-
wards of 12,000 more to the number. To these
are to be added, the number of children taught in
privateschools, of which, of course, no returns are
required, or allowed to be made to the Superin-
tendent. Those, also» taught in private families,
and^ there are many such, are not included; so
that when a full and fair estimate is made, I
think it will be found, that not more than one
twentieth, or a twenty-fifth part of the rising ge-
neration, in this State, are suffered to grow up^
untaught. ti

Most of the Northern and Western States of

this Confederacy, I believe, will be found to''jl
hibit similar results as regards public Jnstruc-
tioD ; and nith respect to the Eastern iState^, it is
well known, that they have long surpaBsed all the
other Stntes of the Union, in their institutions of
education.

It cannot, therefore, be othenvise than propi-
tious, in every relation in which the matter can be
viexved, that a proposition is about to be submitted,
to the consideration of a people, calculated, as the
author of it believes, eminently to promote their
welfare, by shewing how to eradicate the evils
which afHicl them, even under the best system of
£;overnment, which the art of man has yet been
able to devise ; and that people so circumstanced,
that such proposition can and will come home to
their closest investigation. It adds to the felicity
of this condition of things, that after such investi-
gation has been had, and a general conviction re-
sults, if it should result, that it is worthy of their
approbation and adoption, that they hold in their
hands, through the silent, peaceful, and irresistible
operation of the ballot-boxes, the power to esta-
blish it, as the basis of their social compact.

Heretofore, such has not been the fortunate
condition of the human race. If, in different ages,
and in different countries; there have been found
as is undoubtedly true, men of clear heads, and
honest hearts, struggling to increase the happiness
of the great mass of nations, they have been resist-

eel, by extraordinary and almost invincible difficul-
ties* If the. States, in which they lived, were small^
and surrounded by powerful and dangerous ene-
mies, as was the case with Rome, in the early
stages of her history ; then wars, sometimes un-'
avoidable, but often brought about by treacherous
and aristocratic rulers at home for the very purpose,
interfered to prevent the people from maturing
great public measures for their benefit.
' 8uch was particularly the case, with regard to
what was called the Agrarian Law. This law
forbid any man to own more than five hundred
acres of land ; any excess over that quantity, was
taken away and reserved to the public, or given
to the poor. This law also gave to the soldiers,
and to the common people, who had none, lands
conquered from their . enemies. Anterior to the
introduction of this law, the Patricians, or in
other words, the Aristocracy, turned all these
lands to their own bene^t. They were, therefore,
extremely unwilling to give th«m up ; and such
was the structure of their political fabric, at the
time, that they alone had the power of originating
all Idws, the Agrarian, as well as every other.
They were therefore disposed, as often as they
dared, to render it nugatory, or of little effects
For four hundred years, it was the source of much
civil commotion and bloodshed in Rome, and
often came near being the cause of subjecting them
tp conquest by their enemies. At last, the Aris^

ne of 1

tociacy obtained the entire ascendency over
people, and from that day began the decline
the Roman Empire.

But formidable as this vicinity to Rome, of
powerful and warlike neighbours, was, to the wel-
fare of the great majority of the Roman people, it
was not the only obstacle they had to contend
with. Constituted as their government was, as
already stated, they had not the power of orij;inal
legislation. This was invested in the Aristocracy ;
all that the people had power to do, was through
the tribunes, appointed by themselves, to forbid
the enactment of any law, which they deemed in-
jurious lo their welfare. They could not origin-
ate any new measures, however beneficial thoy
might deem them to be to their condition. And
the only method by which they could accomplish
any thing of the kind, was by treaty with the go-
verning powet. Thus, when the State was at-
tacked, or in danger of it, by enemies from abroad,
they could refuse to enlist, or to defend it ; or, as
the price of so doing, demand, as they often did,
the enactment, or the strict fulfilment of the
Agrarian Law.

Tho Roman people seem not to have learnt ;
indeed it is a lesf^on learnt only within the last half
century by any nation ; that the legislative power
of all natioos, particularly, in the sense in which
WI Ch pcftyer is ordinarily understood, resides in
^Ibority of those over whom it is exercised.

hicb

I the I

no subject of wonder, then, even in the absence
of foreign and hostile nations, that the Roman
people could not succeed in permanently establish-
iog the Agrarian Law. To ha%e done this, re-
quired that they should have ascended to first
principles : that they should have explored, phi-
losophically, the primitive condition of man, and
there have made themselves acquainted with the
origin and fountain of all right, and of course, of
all power. We, who live at the present day,
know that such a search after first principles, has
not been prosecuted, and attended with success,
until three or four hundred years have expired
since the invention of the Printing-Press. This
important invention, of which the Romans knew
nothing, was that, of which they, as well as all
other nations, stood in need, as the means of crea*
ting, if I may be allowed the expression, an uni-
form public opinion. Although, as history informs
us, they seemed very generally to wish for the
Agrarian Law, yet, as they had no means of crea-
ting a common sentiment among its friends, as it
regards the only efiectual method of bringing it
into permanent legislative existence ; this cir-
cumstance may be reckoned as another of the ob-
stacles that interposed themselves between the
Roman people, and the possession of the object of
their roost anxious wishes. It is perhaps, not
susceptible of rigid demonstration, that the people
i>f no nation, could ever have arrived at the dis^

covety and general adoption of the principles of
self-goviernmenty without the assistance of the
Printmg-Press : but this, no doubt, will be eon*
ceded % that the period of such discovery and adop*
tion, must have been greatly more protracted than
it otherwise has been.

There may be those, among my readers, who
may. think it extraordinary, that there could have
been found among the Roman people, such a num-
ber of partizans or advocates, in favor of the
Agrarian Law, as, on its operation being denied
or obstructed, to lead to the most violent political
convulsions. But these should recollect the pecu-
liar nature of their condition. Having no com-
merce worth mentioning, nor arts or manufac-
tures of any kind, save those carried on, in a do-
mestic or family way, and that in the rudest man-
ner known to all nations, as they emerge from
barbarity into a state of civil government, if so it
may be called, they had no means to sustain
themselves, but by the labors of agriculture; To
deny them land, then, was to deny them life; or to
compel them, to purchase its support, of the rich,
at a price, or on conditions which rendered it
scarcely worth preserving. t*

That we may fully understand the relation in
which the Roman people stood to their govern-
ment, we have only to imagine that, here, in the
State of New- York, the same state of things
exists; agriculture only supporting life; com- ;

toerce, arts, maDufacturety affording oo resourcesi
Now, if we allow our land-holders, to own no
more than five hundred acres of land^and suppose
them to possess that quantity, each ; then, sixty
thousand land-holders would possess the whole j
surface of the State, consisting of about thirty |
\ million of acres ; whereas, taking five for a fiunily, }
I there are now, nearly four hundred thousand fa*
milies, three hundred and forty thousand of whomi
would not have a spade full of earth, or a thimble
full of water, that they could call their own ; nor
any other resources for subsistence !

It will be said, indeed, that the fact is not so ;
and that their resources would consist in their la-
bor on the soil, whatever might be the number of
those who should possess it. I answer, that if the
owners of the soil are owners at all, they are ab-
solute and unconditional owners ; they have the
right, as the term is now understood, and the pow-
er, if they please, to say, they will employ no one.
It would therefore, be an abuse of terms, it would
be the veriest nonsense, to say, of a mass of people,
that they have resources, which are wholly in the
poisession o( others. If resources they deserve to
be called, they are those, only, of the beggar, or
the slave. They come in the shape, only, of chs'
rity or bondage ; and either of these, are wholly
incompatible with the high minded feelings of free-
men. It may then, truly be said, as far as go-
vemm§rUj or social institution is concerned, that

three hundred and forty thousand famiUep, in the
case y^e have supposed are without political ezis^
tence ; while sixty thousand other families possess
the whole property of the State. If these latter
shall choose, even at the price of slavery, to give to
the former, the means of fhy$ieal existence, it is
well ; and they may live. But, if not, for any
thing which their government has done, they
must perish !

I allow, that some abatement is to be made, of
this great number of the poor, from the fact that
all the land-holders, cannot be expected to have as
Much as 500 acres, at the same time that they are
restrained from having more ; and that, therefore,
a greater portion of the population will be owners
of the soil, than I have chosen to suppose. This,
however, is a matter of no consequence; for
where principle is concerned, injustice and im-
policy arc not to be estimated by numbers. Be-
sides, if, under the mildest and happiest operation
of the Agrarian Law, such an amount of misery,
as this abatement would leave, was sure to arise
what ought not to be expected, when there is ao
restriction whatever to the accumulation oi'
estates ? When instead of 500, a man might own
5000, or even 500,000 acres, according to hi??
means, of obtaining, or acquiring them ? \

I do not stop now to inquire, why it is, that
these sixty thousand families should be consider-
tA as having, under any possible circumstances, a

juft feeHiimple title, to the soil of the State, to
the entire exelmioii of nearly six times their
number of fiimilies, as good as themselveH ;- or
even to any portion of such lands, beyond that of
equality. This is not the place ; it shall be done,
however, in due time, in the course of this work.
But 1 have drawn this strong, yet I frost, true
picture of the operation of the Agrarian Law, be-
cause i have felt, ever since 1 read it, that the
opinion of Mr. Raymond respectiiijT it, deserves
to be'controvertcd, and because I feel that such
a controversion, falls within the province of this
work. In vol. 2nd, page 12. and second edition
of his Political Economy, published in Biiltimore,
in 1823, after declaring that, '' an equal division
; of property is not to be desired, in any country,
♦ because it is not a dictate oj naturcy*^ a \ery excel-
lent reason, indeed, if it he true ; he proceeds to
say that " an agrarian law, *»»*»*»••»•** js as un-
natural, as it would be, to reduce all men to the
same stature, by stretching them on the bed of
Procrustes."

I have myself objections to agrarian laws, es-
pecially in any form, in which thev have ynt been
presented to the world — but the reason I shall
offer in support of those objections, will; be very
different from those of Mr. Raymond. As it re-
gards man, wherever he is found on the habitable
globe, there is so little difference in the stature of
his various species, that there would be little use

for this same bed of Procrustes, eren if it were
known to have an actual, instead of a fabulous
existence. If property was as rtearly equal, as we
know stature to be, among mankind, there would
indeed be folly enough in complaining. But does
Mr. Raymond, does any one, after reflecting for a
moment, consider it to be as unnatural for every
eitizen of Rome to be restrained from possessing
more than five hundred acres of land, as it would
be, for example, to make five hundred thousand fa-
milies, entirely destitute of ev ery kind of possession
and physically & |>olitically dependent on a fiftieth
part of that number ? Are not greater evils, is not
more misery, likely to be generated, by suffering
the rich to go on, and engross the State, than
there would be, by leaving them a moderate
quantity, and giving the balance to their neigh-
bors ? For myself, I think it admits of no ques-
tion ; and more particularly so, when there was
no restriction on the amount of personal property,
which one might acquire, (though indeed, as said
before, there was little of this ;) and where, for the
great mass of the nation, there was no support
but labor in the fields, and the produce they
afforded.

As to the objection urged against '^ an equal
division of property, as not to be desired, in any
country, because it is not a dictate of nature y^^ it
strikes me, that it is not founded in truth. Un-
doubtedly the domain of a State or Nation, pre-

vious to any subdivision of it among the individuals'
who compose it, is property : — ^not private proper-
ty it is true, unless it be spoken of with reference
to other natioIl^-^ut property, nevertheless, be^
longing to the Whole community. If now it were
proposed to divide it equally among them, could
it be said, with any regard to truth — that such
*' an equal division is not •••♦•••• ^ dictate of na-
<t*rc." Would not the very contrary be true ? It
would be a very singular phenomenon, indeed, if
we should see them contending for an unequal
distribution, in preference to that which was e^
qual. If then, it iir a dictate of nature, that men
in the original allotment of the soil, the only kind
of property then known, should desire an equal
division of the same ; how does it happen, that
their posterity, may not as naturally desire an
equal division for their benefit, in some shape or
other? Has the institution of government changed
the course of nature ? Undoubtedly we must come
to this conclusion, or reject the reason as unsound
which Mr. Raymond gives, for opposing the equal
division of property in question.

The object of the Agrarian Law^, was no doubt,
to prevent the enormous accumulation of property,
in a few hands, on the one side, and the most op*
pressive and demoralizing destitution, amongst
much the greatest portion of the community, on
the other. Let writers say what they will, of the
good effects of stimulating industry, by holding

forth to those who may acquire property » the idea
of perpetual and exclusive possession, and with-
y out limitation as to ammnt ; still, there is no truth
so generally received among mankind as this,
* that great wealth in few hands, is always injurious
to the well-being of a State : and there is scarcely
a nation on record which has not felt the injury,
and at some period or other, of its existence,,
made legislative provision to abate or remedy itJ
Often without doubt the remedy had its evih ; and
as I believe always. Yet I can hardly credit the
opinion, that the remedy was ever as much to be
dreaded as the disease. I apprehend,, that it is
quite possible to show, that when ever nations
haV^e ceased to exist, or have lingered on a wretch-
ed existence — it has beeti because there has pre-
vailed in them no system, or theory of govern-
ment, whereby property should be as nearly equal
among the people, comparatively speaking, as
their stature ; and yet so constructed, as that each
individual should labor, as it were, exclusively for
himself, except so far as regards contributions to
the public service. It remains to be seen whether
such a system can be devised, and can be made*
in an easy and natural manner, to transfer its
operation from generation to generation :-»-but, if
it can be done, I think I run no risk of mistake
in predicting that the happiness of nations, will be
^!onnplete, and their existence perpetuaK

■ / # )

CQAP. U.

Of the Rights of Property.

Perhaps, among all the subjects that have re-
ceived human investigation, there is none that has
occupied so much of the time, and exercised so
severely, the intellectual faculties of man, as his
inquiries into the origin and nature of the rights of
property. And perhaps it is equally true, that
no enquiry whatever, has been attended with so
little success. It may seem to be the height of
egotism, of vanity, of arrogance, of ignorance
perhaps, and I know not what else, to make such
a charge against the wisdom of past ages. But 1
confidently point to all that has been, and all that
is, and ask if there be, or have been, any two
governments of the world, that now have, or that
ever have had their laws alike each other, on the
subject of the rights of property ? Not any two,
even of the States of our Union, can say as much ;
though among them, one would think, was the
place to look for such a similarity, if it were any
where to be found. No wonder then, that VoU
taire, on some occasion should have said, that
rights change character, as often as a traveller
changes post-horses. It was, in truth, no exag<-
geration n for the fact is still worse than his repre-
sentation makes it. In the same nation, even,
those rights, at two different periods of time are

not the same. And, as if this were not a suffict-*
ent satire upon our understanding of the subject,
I believe, that there may be cases of the litigation
of the rights of property in any country nonr
known, where, if one hundred tribunals were si-
multaneously to try them, each of the greatest
eminence for talents in judicial investigation, and
each having before them precisely the same
means of arriving at the facts, but having, how-
ever, no knowledge of each others' deliberations,
they would, nevertheless, give a hundred different
decisions.

This '' uncertainty of the law,*' glorious as it
has been proverbially called, by way of ridicule, I
take it, is evidence, that the subject is not under-^
stood. If it were so, these varying decisions could
never happen. Rights are hke truths, capable of
being understood alike by all men ;-— as much so,
as the demonstrations of Euclid. If, what are
called so, are not so understood, it is proof that
they are not rights ; for it is scarcely to be prc-^
sumed that they could not be rendered apparent
to our perception-^and that they are rather the
arbitrary commands of power, than anything else.

But it is better to supply the deficiency of under^
standing on this subject, which seems to prevail,
than to make it a matter of reproach. Let us
see if it is possible to do it. It will be an achieve-
ment, of no small importance to mankind, inas-<
much, as it will, in my apprehension, go far to cxrs.

terminate all the moral and political evils, with
which they are now afflicted.

There seem to be three things which have an
intimate and inseparable connection with each
other.

These are property, persons and rights.

Out of these materials are built, or ought to be
builty all the governments in the world. These
are all the necessary and proper elements of their
constitution ; and these being applied as they
have been, have caused, in my estimation, more
ovil to mankind, than any one can pretend that
governments have done good ; and, being applied
as they may be, will fulfil the destiny of man, by
reversing the results of the past.

What, then, is property f I answer ; the whole
material world : just as it came from the hands of
the Creator. ^

What are persons ? The human beings, whom
the same Creator placed, or formed upon it, as
inhabitants.

What are Rights ? The title which each of the
inhabitants of this Globe, has to partake of and
enjoy equally with his fellows, its fruits and its
productions.

Let no one pretend, that there is yet other pro-
perty* Let him ascend with me to the earliest
ages ; to periods of time, anterior to the formation
of all governments; when our race existed, but
when political institutions did not. For it is to
these periods, we must ascend, if we mean to

arrive at a true understanding of the theory of all
just governments : And it is to these all my re^
marks, will apply, until I come to offer my senti*
ments as to the principles of property which ought
to enter into their formation. Let no one, then tell
me that the labor^ which the savage of the forest,
has employed, in the manufacture of his bow, i$
property. That, only is property ^ which belongs
to some one. Now it cannot belong to the race,
collectively, for they did not produce it. It can-
not belong to the individual, who prepared the
bow—- because, it cannot be separated from it ; and
because, if it could, it could have no physical ex*
istence whatever ; and having no such existence,
be would possess nothing more, than if he had
never made it. Besides, the material^ of which
the bow is made, is the property of mankind. It
is a property, too, which, previous to the ezist-^
^ce of government, has never been alienated to
any one. If it has not been alienated, it cannot
belong to another. Another cannot have any
right to make use of it. Before he does so, he
must obtain the consent of all. What right, then
had that other, to bestow his labor upon it?
What right had he to convert it into a bow, or
into any thing else f Instead of acquiring a right,
thereby, to the bow, he has rather committed a
trespass upon the great community of which he is
a member. He is rather, of right, subject to
punishment^ than invested with titlO} to that which

he has taken without .consent, and appropriated
to bis own use. At least, then, it is evident, that
his labor, bestowed upon the material of the bow,
does not give him a title to the latter f Does the
mere act of taking possessi n of it, g\\v. ib ? Most
certainly not. For here,' as weil as elsewhere,
consent is necessary. Otherwise, it would be
quite as correct, for example, (all the members
having put in an equal share of the capital) for a
member of abaiikiiiir company to appropriate to his
own use, the contents or any part thereof, of the
iron chest containing the gold and silver belonging
to the whole. Nor is it an objection to the force
of this argument, to say, that the iron-chest is al-
ready in possession of the company, by its agents
or otherwise, while the domain of nature is not.
It is here that I deny the truth of the declaration.
The domain is in possession. The owners — ^and
they are equal owners too, are already* present, and
upon it. They have not, it is true, divided it, a-
mong themselves and driven to each what he may
call his own, any more than the Banking Company
mentioned, has done the same thing: but they are
nevertheless in possession. The analogy there-
fore is full and complete.

Will it be said, then, some one may ask, that
if an Indian kill a deer, it is not, therefore, his ?
Most certainly it is not. What, in my turn I
would ask, is to become of other Indians, if there
Jjo actually fewer deer, than are needed ? Must

the mere accidental, or even sought for, circum*
stance, of any Indian's meeting with, and killing a
deer, make such Indian the owner of it, to the ex-*
elusion of his fellows, who have an equal claim to
hi by the right of nature? Shall one of the
species feast upon it, and the remainder hunger ?
Besides as in the case of the bow, may not tres-
pass have been committed in killing the deer also ?
Asj in that case, the animal is the property of the '^
whohy and if consent have not been given, it still
remains their property, whatever one of their
number may have thought or done to the contrary.
For the owners of this deer, are only to be divest-
ed of their right and title to it, by their own act —
and not by the act of another.

Again if an Indian collect wood and make a
fire ; it may be asked^ is it not therefore his ? By
no means. For by the same right that one In-
dian may gather fuel into a heap, another may
take it, and scatter it to the four winds. The
right is as good in the one case, as in the other.
The materials are as much the property of the
one as of the other. They belong to neither.
They belong to the xohole community— and cettainly
not to any part less than a majority. Besides, the
ground upon which the one has built a fire, or
prepared to build it, is as much at the pleasure of
the occupancy of him who has not built it, as of
him who has. Each has an equal, and of course
a conflicting title to such-ground, for such purpo-

ses and in such a maooer, and for such time, as
to him shall seem fit. The ground^ also, as we
have just said of the materials of the fire, belongs
t^ neither. It is the property of the whole. So
that if one may do, another may undo. If one
may build up, another may pull down. If one
may appropriate, another may dispossess. If one
may do any thing without the consent of the
whole, another without the same consent, may go
and destroy it altogether. The fire being built,
the space circumjacent to it, ih of the same com-'
mon right, and whoever pleases,"Ynay approach
and warm himself as much as he chooses, with-
out hindrance or obstruction from any one. And
this too, on the same principles which we see pre-
vail throughout the previous cases.

Lastly, let us suppose this Indian, to cultivate
a field. He plants it. Is it therefore his, in op-
position to another, who, it may be, desires it, for
another use ? May not this latter eject the other
from his possession, with the same propriety,
that this other attempts to make an exclusive use
of it? Most undoubtedly. That which belongs
to a thousand cannot be made the property of a
single person, without their consent. Why then
will not possession give title f Because that which
is taken into possession, belongs to another ; and
not to him who takes it : and because the i^onsent
of that other, must give title ; possession, if it be
just, growing out of consent. Why will not labor

iiestowed upon property in possesion give title i
Because the property itself^ is another^s, and be-
fore any laher can be honestly bestowed upon it,
that other, who alone owns it, must giro his con-
seat. Why will not occupancy give title? Be-
cause it is only another species of possession :
and because, here, as before, the consent of him
who owns, must be first had and obtained. And
if it be so had and obtained, then is title given
even though possession or occupancy be not had.
It is consent^ therefore, and nothing but the consent,
of those who own, which can accord title. And
yet It is very plain, that if .possession, occupancy,
or labor Wstowed, in consequence of either, is
sufficient to give title, then consent is not neces-
sary ; and then it would follow, that those who
are truly the rightful owners, could be stripped of
that which beyond all dispute belongs to them,
without any act on their part, to divest themselves
of their right, and in fact, in opposition to their
will and consent. If then possession, occupancy,
or labor superadded, is insufficient to convey title, ,
then is my position established; and consent of the
owners of property, b the only requisite to. title
to its possession by another. That the making a
bow, the killing a deer, the building a fire, or
the planting a field, or anysimilar act or acts, can-
not give title is self-evident ; from this, that before
finy of these acts were performed j there was a pro-
prietor in actual existence, to whom, and to

whom alone they belonged, and not to those,
who undertake, surreptitiously to obtain the title.
In all these cases, it is apparent, that industry
has added value to the materials and productions
of nature, and th<^refore if any one desire it, it
may be said by way of complaisance, that there
is more property in the world than there was, as
it came from the hands of the Creator. This, it
is not so much my purpose to deny, although it
may seem to controvert the definition 1 have al-
ready given to the term property^ as it is to assert
that, whenever this Indian is permitted to retain^
exclusive possession of his bow^ his deer^ his fire and
hisjield, or either oj them, government has actually
begun ; and of course the supposition has vanished,
upon which I began my consideration of the
rights of property. For it was to a period of time
anterior to the formation of all governments, the
reader will recollect, to which I confined my re-
marks. If government, had not then thus begun,
consent could not have been given. There would
have been none to give it. Without this he could
not possess aught. With it, he is enabled to ex-
clude all others from the use, or enjoym.ent of
what otherwise they could enjoy as well as he, and
with as much propriety. Nor does it alter the
principle of the thing, that his possession is grant-
ed, for a limited time, be it long or short, instead
of being rendered perpetual. For the time be-
ing, his right of possession, is as absolute, and

unconditional, as any thing can be. If he have his
field for one season only, the exclusive right he
has over it, is as perfect, for the time^ as if he
heU it in perpetuity. 1 knovF there are those, virho
are disposed to consider such possession, as it
were, for a year, to be nothing more than, as it
is called,, an usufruct^ for that time. But what
I ask is a fee-simple deed, but a perpetual lou-
fruci ? Certainly, when a piece of land is sold for-
ever, nothing more is sold than the fruits, which
can be drawn froa^, the U5e of it for ever. And
this b what is meant by the term umfruct.
There seems, then, in such an idea, to be more of
distinction than difference. All the difference
which I am able to perceive, is, that in one case,
the use of land is given for a single year ; in the
other, it is given without limitation of years, or,
in other words for ever.

It may seem very rigid in me, to insist, that no
individual of his species, .previous to the first
establishment of any government, has a right to
appropriate to himself, exclusively, any thing ;
stich, for example, as the articles which have
been mentioned, or whatever else it may be, with-
out the consent of those who are joint owners
with him. But I apprehend it is nevertheless
true. Investigations of right, are necessarily of the
rigid character in question. In this consists their
impartiality ; and in this again is found, the guar-
antee of their truth. If the fact were not so, there

would be much reason to suspect the sonndneM oi
the conclusionsi at Vhich we might arrive. An
Egyptian king was once told *^ there was no royal
road to Geometry.*' Neither is there any such
road to a full understanding of the rights of pro-
perty. They must Jbe deeply and patiently inves*
tigated, or they will never be understood.

But an illustration of the necessity and pro-
priety of these truths, may be drawn from what is
very familiar to us all. An estate is left to a
number of heirs, in eqaal right, and an executor
is apiK>inted to make the distribution. Before
the distribution is made, would any one of tho
heirs be allowed to help himself, to what he
might wish, of the estate ? Would not every one
see the improfM'iety of this ? Would not every one
understand, that the proper course, to be pursued^
was to call upon the executor and obtain his con-
sent ? The executor, having the power of acting
for the benefit of all, is the only one competent to
grant, if to him it shall appear proper, what may
be desired. So, in the case in which this exaaiple
is offfred as an illustration, the whole community
stand in the place of the executor, and have the
power, and they alone have it, to alienate to any
one, or more of their own number, temporarily or
Otherwise, any portion of the property in posses-*

sion.
Nor is it essential to the reality of this aliena*

tioO} that it should be done in a formal manner.

In the history of the human race, we know that it
haS| necessarily been, of a character very infor-
mal. It has not been. possible, at all, to assemble
the entire species, and thus to obtain' their con-
sent, in a direct and formo,! manner. Nor perhaps,
on many occasions, has it even been thought of.
The most that can be said, is, that when one indi-
vidual, has seen another making a bow, killing a
deer, kindling a fire, or planting a field, — that
he has reflectedr-<-that there, was abundant oppor-
tunity, mid the scanty population which all coun-
tries possess in their first settlement,^ and for ages
afterwards, for him to do the same ; and that he
has accordingly acquiesced^ in what his fellow-
being had done ; and has gone and acted in a
similar manner^ It is thus that we maytrace the
consentf^ which, in striet matter of right, I hold it^
is the duty of each to obtain of the whole com-
munity.

But allowing, even, that it was not possible to
show, that any such conscmt as is supposed above,
was ever given ; still this fact alters nothing.
Principles are unchangeable and eternal; they
have ever existed and will never cease to exist;
and whether men happen to see them or know
them, or acknowledge them, or not ; still they
exist ; still they form the rule by which to ascer-
tain his rights and guide his efibrts to obtain
them. Still do they remain to him, ready for his

usCi whenever be shall feel that they can be of
service to his welfare and happiness.
' In speaking of the consent which I require each
individual to obtain of the whole community, let
me not be understood, as considering Aich consent
as being the or^nof each person's right to his
equal share of the whole property of the globe.
By no means. This right he has in virtue of his
existence, and in virtue of the existence of the
property in question. They are inseparable,
while one has vital life, or the other physical ex-«
istence. But the consent I speak of, is neces-
sary, not for the purpose of granting rights, for
these are bom mth the being to whom they be-
long, but, to define and locate his share ; to say hou
muchf lohat, and where it shall be ; and to secure
and defend its enjoyment exclusively to himself.
Without such designation, he could not be assured
of possession, to the exclusion of another ; since
that other has as good a natural right, to that
which is artificially assigned to him, as he him-
self can pretend to have. Ad well might it be
contended that the pleasure of the executor, i&
the source of the right which the heir has, to the
share he ultimately obtains, of the estate of the tes-
tator, as that the community in question, confen
any right on its citizens. The executor is only a
trustee, for the benefit of the legatees ; the tes-
tator, he who crtated the executor, furnishes the
legacies. So, in the case of the great community

of mankiiid. Thqr in their general, or coUeetive
\»pacity, are triutees, for the benefit of each in^«
vidual of the species— and the Creator of theUni*
verse is the being, who has furnished the property,
which is the subject-matter of the trust, and
ordered it to be distributed to all equally. No act
therefore, which either the heir to the estate, in
the one case , or an individual of the great mass of
mankind, in the other, is capable of committing,
is competent to create rights for such indiridual ;
and for the plain and unanswerable reason, that,
they are already created; in the first case, by the
testator ; and in the last, by the Being who made
us and all we behold. Nor, on the other hand, has
the executor, or the great commuhfty referred
to, any power to create rights, and for the same
reason, thai they are already created'; and that
there is no discretion given, to either of the
agents or trustees in question, to alter or modify
them in the smallest degree. ' If, as is often the
case with legacies, the Divinity had specifically
given, designated portions, of the fruits of his
Works, to specified persons ; then indeed, there
would be no occasion for the great community in
question to interfere. The work, which it is now
their duty to perform, they would then find alrea-
dy achieved to their hands ; and they would have
nothing to do but to acquiesce. Besides, another
reason, why neither the executor, or the commu-
nity referred (o^ is able to confer rights; is, that

v>:^> ^^^ ^^ ^^^ creators, nor of course th6
.^^(MN^ii^ ^ ^^^ ^^'^ original right, of the property
'fh <4M<#twn* It necessarily existed previous to,
^^ independent of their existence, and of course,
<«iuic into their possession, subject to the condi-
tions and the commands of a ppwer who created
both.

It is apparent, then, that no act of the indivi-
dual can vest in him rights, which are already in-
vested : nor add to, nor diminish them, in the
slightest degree. It is equally apparent, that no
power exists in the authority of the community to
modify or alter in the slightest degree, thes^
rights. There can exist no power whatever to des-*
troy eqiMliiy ofrightSy but the power of Ytolenc&
and injustice. Having been originally equal,
(hey remain so, and nothing but force or igno-^
ranee, can keep them out of the rightful owner's
possession. If however we were to allow that the
mere acts of converting a bough of the forest, into
a bow, of killing a deer, of kindling a fire, or
cultivating a field, could confer upon the person
performing these acts, the right of exclusive pos-
)»ussion, no matter for how short a period, it
would goto controvert and overthrow all this rea-?
Honing^ It would go to establish the position, that
('an(|ucat and force give eight ; since all these acts
l^^rtako more or less of this character. I trust,
therefore, in an age, and to a people, which has
^ong since exploded and rejected what is called the

rigbt of conquest, as barbarow^ and unjust, it is
necessary to say little more in opposition to the
principle^-4hat possession, occupancy, or valut
added to property thus in possession, does not give
a right to the possessor, to conttniie his possession*^
It must be evident, that if the possessor hant a
just right to retain it, mch, right has its origin, in
another source ; and where, on the other hand, if
it be not found, he ought to be prepared to give it
lip; and place it into the hands of those who have
a better title.

1 know there are those who will maintain, that
all these acts enumerated, and others of a^ simi-
lar * character, are acts of peace and industry;
that they are unconnected with, and unknown to
violence, and that, therefore, they bear no analo-
gy to conquest. It is true indeed by the sapposition,
that in the mere act of taking possession, and fit-
ting for, and applying to use, no other person is
supposed to be present. If there were any sjyich
present, and particularly, such a number as to
amount to a majority, and these did not object ; it
would amount to nothing less than consent. The
right, then, of the possessor to make exclusive
use of these objects of property, would rest on that
consent f and not on the act of his taking possession.
So, in an other instance, if no one were present,
but, by any means, the same majority became
apprized, of the intention or wish of the proposed
occupant or possessor, and there was 9till no o^et\

lion manifested^ then the same consent is to be
inferred, and stich content^ would bo the charter
of his authority to maintain possession ; instead of
the act itself of taking the property into his own
keeping.

But let us suppose, that consent is in no waf
given, and that still possession is taken without it.
It is asked, in what way does such possession,
bear any analogy to conquest f i o this, I answer
That t^ is to be tnaintained by forces (although not
acquired by it,) if the possession be disputed. If
it be not disputed, then are we to infer that there
is no objection ; and that consent is given. If it
be said, that the possessor, will not me force^ to
maintain his possession, in case of its being dis-
puted ; then, I say, that he abandons his claim to
its exclusive possession— -and there is an end of it.
Nor is there so much of dissimilarity to a case of
conquest, as, at first view, there may seem to be*
If an army were to invade a portion of territory,
where there were no forces to oppose them, thejr
would of course take possession without opposi-
tion. If afterwards, the possession was disputed,
they must fight to maintain it, or they must
abandon it without contest. If they adopt the
latter alternative, they are in the situation of cue
Indian, who should give up his bow, to another
Indian who should demand it. If on the contrary,
the people of the invaded country, should, by any
pogsibility, be supposed to have no objection to the

possession of a portion of their country, by an ar-
my of strangers, it vrould amount to nothing less
than consent. If, from a principle of /ear, they
abstained from contending for the expulsion of
the invaders, it would be a case of conquest, by
the presence of an army, rather than by the result
of a battle, or a campaign* As well might the
squatters, as they are called, who settle on our
public lands, without the consent of the nation,
contend that possession gives them a just and valid
title, as that an individual, or a combination of
individuals, call them tribe or nation, or what-
ever else you please, should obtain a just and
valid title, by the same act of possession, or occu-
pancy of any portion of the great domain of
nature.

One point more, it may not be without its use
to discuss. It will be said that the Indian, for
example, who has appropriated to himself, with*
out the public consent, the material for a bow,
may justly have done so, upon the supposition
that he has left, for each and every of his fellow-
beings, materials for bows, for their use, in every
respect as good as his own. If he has done so, as
the case supposes, then are those which he has
left in the forest, equal to his own ; and he can
have no objection to give up his o^, and take
one of them in lieu thereof, on receiving from any
one, the amount of labor, which he has bestowed
upon it. If still he is pertinacious and prefers,

arbitrarily f retaining kii own, to that of recei?iiij|
another ; then, I say, inasmuch as all men are
equal ; that one's right to be pertinacious is no
better than another's ; that if one is arbitrary and
unaccommodating in his choice, so may another
be ; and that if any one insists upon having a par-
ticular article out of two or more, which, it may
be, all acknowledge to be equal, in preference to
an other, so also may another insist upon having
the same. For, as already said, one's right to be
pertinacious, arbitrary, and unaccommodating, is
as good as another's ; and if death result from
their conflicting claims, the party first exhibiting
the pertinacity in question, is justly chargeable
with the whole of the. blame that may attach to
the transaction. For equality is as much to be
maintained in |7er^tnaa7y o/cAotc6, as elsewhere,
since it is to be destroyed no where.

If there be truth in what I have advanced, with
respect to rights supposed to be acquired, by
possession,, occupancy, or the addition of the la-
bors of industry, to the subjects of possession, it
follows, that no nation, whatever, holds any just
title to the soil on which they are located, on any
supposed validity in what may be called the right
of possession. It is competent to the Chinese, to
say to the people of Hindostan — ''we have as
good a right to what you call your soil, as you
have yourselves," and they in return, may say,
'< the soil of China, belongs as much to us as to

)nou." The French may say to the English, "that
English territory is the property of France as
much as it is of England," and the people of Eng-
land may claim a similar right in France^ Eu-
fope may say to America " the dominions you oc-
cupy are no more the property of yourselves, thfi^n
they are ours," and America in her turn, could
reciprocate a similar declaration.

If, however, by any just process whatever, it
can be made to appear, that nations, are, as they
are, by the consent of a majority of nations, or at
any rate by a majority of the people of all nations,
then the case is made out, which places the title
of all nations to the particular soil they occupy, in
the consent of every other ; or at least, of a majo-
rity of them. Nations, it should be understood,
are the people o{ whom they, are composed, and
not the soil, dominion or property which they oc-^
cupy. They have, it is true, a right, a natural
I'ight, to an equal and proportionate share of the
earth ; but, where it shall be, and how much it is
equivalent to, it is for the majority of all the inha-
bitants of the globe to determine. If, to-day, a ge-
neral convention of the whole of them, could be
had, it would be competent for such convention to
order such disposition of things, as to them should
seem proper. At least, I think, this point will be
conceded by every one, if, for a moment we admit,
that hitherto, there has been no government at all ;
QO appropriation to individualsi or classes of in-

dividualSy of specific portions of soil or territory*
They might apportion the whole as it now is : and
in such an event, all nations would hold their ter-
ritories, ))y actual and direct common consent.

This common consent is, however, to be inferred
with almost as much certainty as if it had been
formally given by a General Convention. In one
way,' by recognizing it, in an official and formal
manner, well known among nations ; in another,
but more informal manner ; by suffering new na-
tions to rise into existence, greatness and power,
without interfering to prevent it. '

The present allotment of the surface of the
globe, among its inhabitants, is probably such,
that it is capable, if circumstances admitted, of re-
ceiving much improvement. There is no doubt
that many countries are overpeopled, particularly
for the habits, knowledge and other circumstances
that now prevail among them; and they who
should leave them and go to others, which need
population, would not only make their own condi*
tion happier, but confer addixional happiness op
the inhabitants of those countries to which they
should emigrate. It is not within the scope of
this work, however, to engage in any speculations
: on this subject. It is sufficient for me, that all na-
I tions, recognise the right of all other nations to
I make such disposition of their acknowledged terri-
tories, as they shall think proper, and to admit or
exclude, as members of its political itistitution, or

residents, within its boundaries, those born in other
countries, if to them, it shall seem good> This
right however, is very rarely exercised ; policy
seeming to forbid the exclusion of a good and use-
ful citizen. If we are not to question the natural
right of every human being to a portion of the pro-
perty of this g^be, equal to that of any other be-
ing : further ; if we are not to question his artifi-
cial right, or right in society, as I shall call it,
equivalent thereto ; it would seem that we ought
not to question his right, since it seems to belong
to personal liberty, of which no one, ought to be
deprived, of choosing freely the country, in which
he will receive it. But as this cannot be done, on
the system which I am to propose in the course of
this work, until all nations shall have adopted it,
the members of that state or nation, who shall first
adopt it, if any such there shall be, will be com-
pelled to be abridged of this portion of their natural
rights, until such an event takes place ; but they
will have this reflection to console them : that it
is not the act of their own government which
abridges it, but that of foreign states or nations,
who, it will be seen, are not yet prepared to ac-
knowledge, what I trust, are the indisputable
rights of man in society. This observation, I am
sensible, may not be fully understood, by the rea-
der, in the present stage of this work; but if he
will have the goodness to keep me company with
his patience, and attention, until I can have the

opportunity to make myself understood, I think, b»
will feel the full force of my remark,^ and be dis*
posed to agree with me in opinion.

It will occur to the discerning reader, that there
is apparently, some incompatibility in conceding,
in the first place, to the great community of the
human family, the power to assign to an individual
for example a certain specific portian. of the pro-
perty of the globe on which he dwells ; and in the
next place, to claim for him, the right of having
assigned ta him his equal portion on any part of its
surface, which he shall choose to name. But, if it
be borne in mind, that I am discussing the subjectj
as it has reference to a period of time, anterior to
the formation of all governments, and, of course^
to a period when money is unknown, I apprehend
the incompatibility, will vanish. It will be seen
that a division in kindy must, of necessity, be made,
in the first instance, equally or as near it as the great
community have it in their power to do so, among
all the individuals which compose it. If, imme-
diately subsequent to such division, for purposes
which shall appear good, a classification of these
individuals into what we now caH nations, should
take place, and such classification should happen
to be what now exists, we should have the world
before us, as it now is ; with the exceptions, that it
.would be equally divided among all its inhabitants,
and that there is no money. Now, in such a state
of things, the oiUy way, in which I, for exan](pl^,

beiaga citizen of America, could transfer my sliare
into England, for inatanee* would be, to offer an
exchange, with some subject of England, of my
property for his. But if we suppose, that all na-
tions have absolute and exclusive jurisdiction over
their own territories, they could forbid this, by pro-
hibiting me from coming among them. The good
policy, however, as well as the justice, of such a
power, may well be questioned. So, also, may
the power to prohibit any human being from recei->
ving his natural share of the property of the world,
in any country which he may choose to name;
whenever, by the invention of money, andjQdieious
modifications of political institutions, the thing can
be rendered practicable.

The injustice of thus preventing an individual
from receiving his proportion of the property of
the world, in any nation, that to him shall seem
good, may be made manifest, in an obvious and
natural manner, by supposing, that the share, one
with another, which the people of China, for ex-
ample, receive at the hands of their government,
is so much .superior to the shares, received, one
with another, by the people of Hindostan from
theirs, that the former are not willing to exchange
on eaual terms with the latter. Wherever such
ail unwillingness should be found to exist, it would
bo evident, that the party refusing had in their
possession, as a nation, and of course as indivi-
iluals, more than their equal share of the property

of the globe ; and that the right, as it is calfeJ^
of exclusive jurisdiction^ affords the means ofse-
curing to them^ this undue share. In a work,
therefore, the object of which is to contend for the
equal rights, of all men, as well to property, as to
liberty and life (for what are life and liberty gootl
for, without property f) it is not possible to overlook
this important point, without manifest inattention
and injustice to the subject.

It would be an interesting subject of research,
to ascertain among all nations, the causes which
have determined them, each to its own particular
system of the rights of property. It would proba^-
bly be found in all cases, that each system at any
given period, is indebted for its principal features,
to a thousand circumstances, each, almost wholly
separate from any and every consideration of the
original and equal rights of man. Whenever
conquests have been made^ or revolutions have
happened, and new governments have succeeded,
they have been of a character, such as circum-
stances, seemed to compel their t'ramersto adopt.
In the case of the American Revolution ; the go-
vernments succeeding it, more or less partook, of
the political evils of the system, which preceded
them. This will be rendered more apparent, by
observing, that if it had been possible, that the
Revolution could have occurred, before slavery
had been introduced on the American soil, or in-
troduced only to a trifling extent ; all our govern-

wtentSf both State and National, would hare dir
irected their efforts to destroy it immediately, and
to prevent its further introduction among us. So
again it may be remarked, that vast estates among
us now, belonging to single individuals, derive
their titles from grants made by our proprietary
governors, to whom, if the governments of Eu-
rope, had not given territories, of which, in most
instances, the donors themselves did not know the
bounds, neither such individuals, nor any others,
would have possessed them ; inasmuch as the peor
pie of this country in forming a government for
themselves, would never have sanctioned it.

Indeed,, the right of property, as the term is
usually understood, is vastly mure vague and fluc-
tuating, than most of us are inclmed to imagine.
One would think, that if there bo any any quality
by which property can be known, it is this ; that it
cannot be taken away without the owner's consent.
For, if it can, it is not easy to understand how it
can be property. Now, there has been a period
of time, in the history of this State, when none but
those who possessed a certain amount, as well as
kind of property, could vote for our State Senate, i
This body, among other things, had the power to
give a negative to all laws from the other House.
If a law came from thence, for the purpose of tax-
ation, and the Senators disliked it, they could say
** no" to it, and thus hold fast their purse-strings.
Afterwards our political structure, was so far al-

tered, as to allow every one to*Tote for Senators,
whether they had property or not. The conse-
quence of this alteration, was, to take the nega-
tive which the rich formerly possessed, out of their
hands, and of course their property, without their
consent, along with it. And yet, under all these
varying circumstances, the community, generally,
make no complaint of the violation of the rights
of property, although on the face of it, it is as
plain as the sun at noon day, that, to-day, there
is one rule for determining these rights, and to-
morrow there is another.

In referring to this change, in our Senatorial
System, it is not ray intention to complain of it.
On the contrary, there is no doubt it was perfect-
ly correct, to have made such change ; inasmuch
as it is was necessary to preserve the personal
rights of the million, who had no property ; even
though it should infringe upon the rights of pro-
perty in the hands of the few, and the rich. Yet
it cannot fail to strike every observer, of the least
reflection, that, if those who possessed property,
had an unquestionable right to it, no man or num-
ber of men, ought to have power to take it away.
There is, then, something palpably wrong in a
government, which is thus obliged to destroy
rights of one kind which it recognizes, in order to
preserve othcrs.^ If we make the supposition,
that all the citizens are equal in point, of proper-
ty, or nearly so, then the conflict which is now so

conspicuous, between differient kinds of rigktsv
ceases, and is seen no more* But to make this
property equal, presupposes that the present hol-
ders have not a sound and valid title to it ; and
government, therefore, if it acted upon the sup-
position that such title was not valid, would con-
tradict its present opinion. i

It would seem, then that in every government,
the laws of property, have no reference, or very
little, to original principles. If they had, they would
be much more similar to each other, than they
are now ; and much more nearly uniform, in the
same country at all times.

But I have not mentioned all the causes that
conspire, when, revolutions happen, and when
there is an opportunity, nay, a necessity to resort
to first principles, to prevent nations from doing
so. Not only, when revolutions are over, and
there is a necessity to fill up the chasms in
government, which they have occasioned, are the
evils of a previous generation, pressing upon the
new, but those who frame their laws, and who,
over all others, are to be presumed to know besi
how to reorganize the political fabric ; in fine, the
leaders of natirns^ are themselves, uninformed, of
the rij^htsof the people. We live near to a great
epoch, in the history of our own country-n— the Re-
volution that separated us from England— we are
acquainted with the distinguished men, wlio per-
formed a prominent part, as well in the separa-

58
tion of the two coantries, as in erecting tbe new

•

governments that succeeded. We are able to
know their minds, and to judge for ourselves, how
far they were adequate to institute government,
on principles of original right ; for it was on such
principles as they understood them, that they sap*
ported the Revolution and erected the political
edifices that in consequence became necessary.

Of all these, no man<, more than Mr. Jefferson,
deserves to be considered, as possessing in his
own mind, not only '* the standard of the man,'^
but the standard of the age. If there was any one
capable of ascending to first principles, it was he ;
and if it was not .ta be expected of him, how was
it to be expected of any oi\e else ? Yet Mr. Jef-
ferson speaks of the rights of man, in terms,
which when they come to be investigated closely^
appear to be very defective and equivocal. I do not
mean, that he thought or meant them so ; for it is
evident that the contrary was the fact. Let us
quote him, however ; let us weigh his expressions f
let us arrive at his intentions in the most legiti-^
mate manner : and then sec^ if I am borne out, in
my declaration. If I am, I shall be sustained. ^ If
I am not, I shall fail, and deserve to do so. He

says : —

" We hold these truths to be self-evident ; that

" all men lare created equal ; that they are en-
* ' dowed by their Creator with certain unalienable

'* rights ; that amon^ these are life, liberty, and

** the pursuit of happiness.^^ These are his words
in the declaration of American Independence.

Whoever looks over the face of the world, apd
surveys the population of all countries; our own, as
well as any and erery other ; will see it divided in-
to rich and poor ; into the hundred who have
every thin<^, and the million who have nothing.
If, then, Mr. Jefferson, had m.ade use of the word
property y instead of** the pursuit of happiness,^^ I
should have agreed with him. Then his language
would have been clear and intelligible, and strict-
ly conformable to natural rights For I hold, that
man's natural right to life or liberty ^ is not more
sacred or unalienable, than his right to property*
But if property is to descend only to particular in-
dividuals from the previous generation, and if the
many are born, having neither parents nor any one
else, to give thera property, equal in amount to that
which the sons of the rich, receive, from their fa-
thers and other testators, how is it established that
they are created equal ? In the pursuit of happi-
ness, is property of no consequence ? Can any one
be as happy without property of any kind, as with
it ? Is even liberty and life to be preserved with-
out it ? Do we not every day, see multitudes, in
order to acquire property, in the very pursuit of
that happiness which Mr. Jefferson classes among
the unalienable rights of man, obliged to sacrifice
both liberty and health and often ultimately life, in-
to the bargain ? If then property be so essential

i^nd indispensable in the pursuit of happiness, as it
appears to be, how can it be said, that I am crea-"
ted with an equal right to this happiness — with
another, when I must purchase property of him,
with labor and suffering — and when he is under no
necessity to purchase the like of me at the same
costly price ? If we are created equal— how has
he the right to monopolize all, or even an undue
share of the property of the preceding generation ?
If, then, even the rights of liberty and life, are so
insecure and precarious, without property — how
very essential to their preservation is it, that *^ the
pursuit of happiness" — should be so construed, as
to afford title to that, without which, the rights of
life and liberty are but an empty name ?

Let no one attempt to evade the question, by
saying, that if the poor have not parents with pro-
perty which they can give to their children, it is
not the fault of this or of any government. It is
possible, under some circumstances, that this might
be true, and yet be altogether foreign to the ques-
tion. But who, I ask, is it, but government that
authorizes and enforces the execution of wills ?
Who is it, that allows a man just as he is about to
return into dust, to say what disposition shall be
made of that which he now calls his ; who shall
have it, after he ceases to be; and who shall not ?
Whoisjt, that authorizes a man to consider himself
the owner of property longer than he lives, even to
the remotest generation ; and clothes him with

power, (if he chooses,) to order that even his o^i^
children, and childrens' children forever, shall have .
none from him ; nor from any one else, unless by j
servitude it be purchased, from others, who may
happen to possess it ? Who is it, but government,
that has j^lagedJJie rights of cJtiil4r^iUQ property !
in tJhfijLeeplng of tbejr fathers-«--and so fixed it, that /
if these fathers shall refuse to give to their children,
what ought to belong to them, as it did to their
progenitors, they should have no means of obtain*
ing it ? Who was it, that ordered that the father
should be every thing and the children nothing—*
if it was not government ? It is government, in
principle, and often in practice, which has done all
this. It is government, and government alone,
which has determined, that where the former (de*
ceased) owner of property has given no intimation
of his wishes-^^that then it shall go ; in somecoun*
tries, all to his eldest son ; in others, to the sons
alone, and none to the dau/g^hters— and in others,
again, to all the children equally. It is govern*
ment, therefore, which has the power of destroy-
ing wills altogether, and of making such disposition
as it shall judge best, of the effects of deceased
persons. If, indeed, it were true, that govern-
ment had the power, or rather ability, only to
make life and liberty equal, and could not make
property equal ; it would go the full length of pro*
ving that government, was an unauthorised insti-
tution, alienating the '* unalienable rights," with
which the Creator has endowed all men, a very

great majority of whom^ have no property of anf
description ; never have had any : and while the
present order of things, exists, never will have

any.

The Author of the Declaration of Independence,
and those who supported it, '' with their lives, their
fortunes and their sacred honor," never seemed
to have perceived, that, if their system of rights,
in its practical efiect, went to give to one human
being living under it, the privilege of taking so
much of the property of the preceding generation
(whether it came from a parent is nothing to the
question,) as would enable him to live in idleness,
on the productions of the labor of others ; so
should it give the same privilege to all. Otherwise
there is no equality in the business ; and the de-
claration, that the Creator had created such an
equality, but the legislatiou of man had destroyed
it, becomes at once the theory of our government
on the one hand, and its practice on the other.

Besides, if the Author of the Declaration in
question and its supporters, had intended to say
that mankind had an equ 1 and unalienable right
to life, liberty, and property ; they would have
said it, at once, without using the vague expres-
sion, '* the pursuit of happiness." How they ex-
pected this " pursuit," without property of any de-
scription, to be of any avail, or at any rate, of a-
vail equal to that which a fortunate possessor of an
estate could enjoy, it is not easy to conceive.

There may be those, who will contend that

' 68

'sdfficient for the day, is the evil thereof ;*' and
that what Mr. Jefferson and his coadjutors have
achieved for their country and mankind, in being
mainly instrumental in establishini^ the first ex-
ample of representative government in the world,
is honor and glory enough. This is true ; but it
is also true, that had the sages of the Revolution
seen that an equal right to property, as well as, to
life and liberty, was also among the unalienable
rights of man, and declared accordin .ly, it would
not have made their glory the less ; and, if they had
not succeeded in reducing these theoretical truths
to practice, sagacious men enough among the ar-
dent friends of fre *.dom, which this as well as every
other country affords, could not have failed to sup-
ply the deficiency.

But other associates, in limited views of the ac-
tual rights of man, had Mr. Jefferson, besides the
members of the Congress of 1776, which adopted
his immortal Declaration. Among these, was
Thomas Paine. Perhaps few men that have ex-
isted, understood themselves, and the subjects they
discussed, better than he did. Yet original as
were his thoughts, he nevertheless, wandered into
some misconceptions, and left his subject partially
unexplored by his investigations. That he has
done so, confiidering how much rubbish he has
removed, is perhaps not a matter of wonder. To
have done more } to have examined the subject of
government, in sueh a manner, as to have left no-
liiing to be desired, would have been too much,

perhapif to ask at the bands of humanity. Bat,
in justice to the reader, in justice to myself, let
If r« Paine speak for himself.

*' When a people agree to form themselves into
'' a Republic, (for the word Republic means the
*^ public good, or the good of the whole, in con-
" tradistinction to the despotic form, which makes
'^ the good of the Sovereign, or of one man, the
'^ only object of the government,) when I say, they
'* agree to do this, it is to be understood, that they
^' mutually resolve and pledge themselves to each
*^ other, rich and poor alike j to support and main-
^^tain this rule of equal justice among them.
'' They, therefore, renounce not only the despotic
'^ form, but the despotic principle ; as well of gov-
'^ erning as of being governed, by mere Will and
*' Power, and substitute, in its place, a govern-
" ment of justice.

'' By this mutual cotnpact, the citizens of a re-
^' public, put it out of their powen that is, they re-
^' nounce, as detestable, the power of exercising, at
^^ any future time, any species of despotism over
^^ each other, or doing a thing, not right in itself,
^'because a majority of them may have strength
^* of numbers, sufficient to accomplish it^

*' In this pledge and compact, lies the founda-
^' tion of the republic : and the security to the rich,
*^ and the consolation to the poor^ is, that, what
<' each man has is his oum ; that no despotic sove-
'< reign can take it from him, and that the commoti
'^ cementing principle, which holds aU the parts of

• republic together, secures him likewise from the
despotbm of numbers: For despotism may' be
more effectually acted by many over a few, than
by one ma& over all." — Dissertations on Govern^
mentj written in 1786. S0e Paine's Work^ in two
vols: Philadelphia J 1797. Vol. 1» pp. 9Z7 and*8.

The reader will obserre, in the foregoing ex-
tract, that Mr. Paine contemplates, the first for-
mation, at any rate the ^rstjust formation of gov-
ernment ; he goes back, as he imagtnesy to the be-
ginning ; and as be there finds the situation of
things, so he takes care, in the system of govern-
ment which he marks out, to preserve them. He
discovers that there are rich and poor; I have
italicised the Words that the reader may remark
them more particularly ; and he provides that
^' what each man has, is his own." It is obvious,
therefore, when he wrote the foregoing, that he
had forgotten what he had written, on the same
subject, so early as the 14th February, 1776. At
that period he published his *' Common Sense," the
first page of which has the following pai«sage : —

'' In order \o gatin a clear and just idea of the dc"
^^sign and end of government, let us suppose ^
^' small number of persons, settled in some segues^
" tered part of the earth, unconnected with the rest;
" they will represent the first peopling of any coun-
" try, or of the worlds"

Yet ten years afterwards, Mr. Paine talks of the
existence of rich and poor^ at a period, when they
are about, /or the first time^ as he supposes, to or-

ganize for themselves, a common and equl go-
vernment. Mow, let me make use of Mr. Paine's
supposition ; let me take bis ^' small number ef
persons ;" let me conduct jtbem to *^ some seques-
tered part of tbe earth, unconnected with the
rest;'' sujyiose it be an island in the Pacific Ocean;
let ma place them upon it ; and desire them to in-
stitute for themselves, a just and equal govern-
ment ; where would be his rich dndpoar 9 Woidd
they creaU them ? Would thejr do as Mr. Locke^
th^ celebrated author of a treatise on the Human
Uodecstandinff, did when he draw the plan of a go-
vemment for the State of South Carolina, in the
first settlement of that State, give to one cUm
among theip, twelve thowmnd aarti of land ; to
another class, twentjf'-fimr tlum$and^ and to
another, f^rty^tight thowmxd ;^-while the great
mass of the population should receive nothing?

Would thejr not consider the island in question,
w property 9 and not only as property j but common
property, to which each and every of them, had an
equal right ? In the compact, of which Mr. Paine
speaks, as entering into the formation of every
legitimate government, and which the islanders
are now, by supposition, about to create with each
other, would, property have no consideration?
Would it form no part of their discussions?
Would it not in fact form the chief material of it?
Would, it not be a source of more deliberation, as
involving deeper interests, than any and all other
subjects, which could come before this little com-
munity? Would it not be ridiculous in them te

tledare the rights of nuuii as regards life and U-*
bertjr, to be unatieoabley and as to property, say
not a word about it f WonldT they not know, if
they knew any thing, that never yet, for any con-
siderable time> ^as life and liberty held and en-
joyed by the rightful owners, when they bad no
property with which to prQtect and defend them ?
Would they not, in the first instance, at least, if
division were made of their common property,
make it equal, or as nearly so, as might be in
their power f If division were not made, but it
was agreed to be held in common, would not care
be taken, as much as in them lay, to afford to
each his equal share, of the results of the com*
mon occiqpation ?

Answers to all these questions, present them*
selves spontaneously. Throughout the wide ex*
tent of the Globe not a single individual can be
found, who would not give them in the affirmative.
How is it then, that a writer so sagacious as Paine^
and so disinterested in all that he ever wrote,
should have committed such a blunder, as that of
attempting to erect an equal government, upon a
foundation where inequality had already found an
existence; and that without attempting to extir-
pate it ; on the contrary, taking measures to per-
petuate it, by confirming the altogether untenable
position, that what a tnan' has is his own 9 Surely
the absurdity is as great, in a man, who contends
to preserve ineqtuzlity already existing^ as he who
proposes to create it /or the first time. And in

this respect, Paine aad Locket equally deserre te
be held up to mankind, as singular instances of
errors, which the greatest of men may be led to
adopt.

Those who know any. thing of Mr. Paine, know
that he did not want intrepidity and boldness of
character, sufficient to haTe taken higher and
more tenable ground than he did had he discovered
it to be practicable. He was no man for half-way
opinions in theory, or half-way measures in prac-
tice ; because he had good sense enough to per-
ceive that an object is more easily and economi-
oally accomplished, when all its features are
clearly seen and understood, than when they are
partially visible, and perhaps confounded with
something which is altogether foreign to the
question..

It may not be altogether unprofitable-, to exam-
ine, where the source of his error lay. On look-
ing over his political writings,, it will not be found
difficult to discover it. In the first part of his
'' Rights of Man," written in 1791, pp. 64and 65,
of the 2nd volume of the Works before referred
to, he has the following passage ; to wit : —

'' It has been thought a considerable advance
** towards establishing the principles of freedom,
" to say, that government is a compact,^ between
" those who govern, and those who are govern-
** ed: But, this cannot be true, because it is put-
** ting the eflfect before the cause ; for, as man
^'. must have existed before government existed,.

<< there was necetsarily a timey when gOTern-
** ment did not" exist, and consequently, there
"could originally exist no governors to form-
" such a compact mth. The fact thereforot must
'' be, that the individuals themsehesj eachsin his «
^' own personal and sovereign right, tnteredintoa
^^ compact with each other to produce a govern-
^' ment. And this is the only mcjde in which go-
'' vernments have a right to arise, and the only
^' principle on which they have a right to exist.'*
For myself, I find no difficulty, in both agree-
ing and disagreeing with Mr. Paine, in the posi-
tions, or some of them,»at least, here laid down.
It must certainly be true, that " man must have
^< existed before government existed ;*' and
it is equally true, that where government ea^
ists, governors must exist also. And yet I am
ready to say, what he declares cannot be true,
that government is, or rather may be, a compact
between those who govern and those who are go-;
verned. Thus, when '* each in his own personal
and sovereign right,'' to use Mr. Paine's' own
words, " enters into a compact loith each other j^
for purpojses common to the whole, a government
is formed, consisting of the compact, and nothing
hut the compact. As to the manner of its exercise,
that is quite another affair. Thus, in one case,
each and every individual party to the compact,
may from time to time, meet in full assembly, to
deliberate over their affairs, and to make such
disposition thereof, as they shall think proper^

In such a case, a government would not onfy ex- •
ist, bat be in full operation* If I am asked, who
are the Governors : I answer, the whole Commu-
nity, in their aggregate or collective capacity* IT
I am asked, who are the Governed, I answer ;
the individuals who compose this community,
in their separate or single capacity* The ques-
tion, of the existence, or the non-existence of a go-
vernment, I apprehend, is not to be determined,
by deciding, whether the public concerns of a
nation, are managed, by all the individuals who
constitute it, in their own proper persons, without
agency of any sort, or otherwise. And, herein,
seems to have been Mr* Paine's great mistake.
He seems to have considered all people as being
destitute of any government whatever, who had
not agents or proxies to ac;t for them. He seems
to have overlooked the only object of compact,
which. is to create a puhlic will^ and a public toill
being created^ and being brought into practical
existence, no matter how, whether by authorized
agency, or otherwise, government has com-
menced, and operates on the governed, and, of
right also ; on all subjects, which, in their nature,
are of common possesfdon.

Mr* Paine observes that ** man must have exist-
ed before governments existed." May we ask how
longf Perhaps for half an hour* Thus, in this
£rst period of human existence, two men may
have arrived at a spring of cool water, thirsting^
0n4 desiring to quench their thirst. They evter int^

IB treaty as to which of the two shall drink first. So
iiooii as it is consummated, a goyernment is formed^
6yen though it be to expire the next moment. . If

there happen to be three instead of two, and two
of these determine who of the three shall first par-
take: here also a treaty, a government is formed,
deciding, by majority, as perfect in itself, as far as
its object extends, as any government that can be
conceived. And it is evident enough that it should
be so; for, as the water itself is of common right,
and incapable of being exclusively appropriated to
either ,^ so also is the chance or opportunity of first
participation ; convention or compact must settle
this latter question; and when it does, it performs
precisely the same function, as if agency, for a hun-
dred thousand beings having the same rights as
those which belong to the two or three individuals,
I have mentioned, had selected the same person,
and given him the privilege of priority.

It may seem t*hat I am more elaborate in my
efforts to explode what I conceive to be error, on
this point, than is necessary. But as Mr. Paine
charged Mr. Burke with not going back far enough
into antiquity, in search of principles, it became
him, as he did, to exert himself to substantiate
the charge. If I now make a similar charge
asraiiist Mr. Paine, it becomes me to do so too.
Besides, with us, as with them, the errors I com-
bat are the errors of the age, and of course arc sup-
ported by the best talents which the age affords.
It is no ordinary refutation which these errors de-

mand; since, if principles of government are de*
rived from periods of time and conditions ofthings^
not so remote as we have, or may have, access to,
we are in danger of incorporating false principles
into the political edifice, and of endangering its
utility and duration.

Mr. Paine was not alone in the error of these
views. Mr. Jefferson, to whom I return with respect
and affection, for the services he has rendered
to mankind, besides the omission, or perhaps equi*
vocal admission, of some of the rights of man, in
his Declaration of Independence, has shown, in a
much later work, his deficiency of accurate know-
ledge of the true principles of government.

In 1812 he prepared, for the use of counsel, in
a suit, in the Circuit Court of the United States,
for the District of Virginia, in which Edward Li-
vingston, of the (then) territory of Orleans, was
plaintiff, and himself defendant, a work published
by Ezra Sergeant, of New York, entitled "The
Proceedings of the United States, in maintaining
the Public Right to the Beach of the Mississippi,
adjacent to New Orleans, against the Intrusion of
Edward Livingston." In page 30, of this work,
I find the following passage: —

" That the lands within the limits assumed by a
nation, belong to the nation, as a body, has proba-
bly been the law of every people on earth, at some
period of their history. A right of property, in
moveable things, is admitted before the establish-*
ment of government. A separate property, \n

lands, not till after that cstablisbment. The right
to moveables is acknowledged b} all the hordes of
Indians surrounding us. Yet, by no one of them
has a separate property, in lands, been yielded to
individoals. He who plants a field, keeps posses-
sion till he has gathered the produce; after which
one has as good a right as another to occupy it.
OoFemment must be established, and laws pro-
vided, before lands can be separately appropri-
ated, and the owner protected in his possession.
Till then the property is in the body of the nation,
and they, or their chief,-as trustee, must grant them
to individuals, and determine the conditions of the
grant."

Mr. Jefferson*s criterion, it^tippears from tlic
above, for ascertaining when governments begin,
is the time when the nation makes private property
of lands. Mr. Paine's, when the functions of go-
vernment are exercised by agents, or governors
appointed by the people to act for them. Neither
of these criteria ^ive me any satisfaction. In re-
lation to Mr. Jefferson's opinion, I do not under-
stand why a government should be considered to
exist, when lands are permitted to be made pri-
vate property of; and not to exist, when every thing
that is moveable is in the same situation. Besides,
inasmuch as I am told; in so many words too, ** A
right of property, in moveable things, is admitted
before tho establishment of government ;" may
I not ask, who it is that admits? Is it not the go-
vernment.^ Is it not the common consent or public

authority? Who else has the power? Not a frag-
ment of the nation less than a majority. And i(
it be a m^ority, then is it the nation to all intent!
and purposes. It will hardly be contended, I pre-
sume, that there is any other body in existence
which has anv concern in this affiiir.

But Mr. Jefferson tells us, that ** government
.must be estnhlished, and laws provided, before
lands can be separately appropriated, and the own-
er protected in his possession." Why so? He has
told U9, personal property is secure without the as-
sistance of what he calls government. Why may
not lands be so too? And the use even of these,
for a^single season, according to his own showing,
is entirely secure. I shall be told, perhaps, that
the possession of personal property would be vin"
dicated by the yrIoi of the holder. Would not the
same thin^ happen as to land? No, some one will
be prepared lo answer, if it be given in perpetuity;
numbers would expel the proprietor, by superior
force, and government must therefore exist to in-
terfere and protect the proprietor. Why is not
this same government necessary, to protect the
personaf property of the holder? His tenure of it
also is perpetual; and numbers can be brought
(o bear on him as well as on the holder of
land. So also may superior numbers drive off
him who < :ulti\ otrs a field even for a single season.
But in both these latter cases, we find that forces
to obtain which Mr. Jefferson conceives that ther9
should exist what he calls government, is altoge-

ther unnecessary among our Indians, and other
nations in a similar situation. Why is this? How
is it to be explained?

Simply thus. — The personal property is so equaly
and the benefits they derive from the use of the
soil so,^£qmltoo, theit there exists no motive to
c pmb ination>f numbers for the purpose of dispos-
session. Force, therefore, can never^ be needed.
And when government shall be so constructed as
to make property real and personal, in the fullest
acceptation of the word, as nearly equal, as we see
it among the Indians; and still be able to make
lands private property much in the same way that
moveable thincrs are now; then shall we see govern-
ments exerting their functions, simply by indica-
ting their pleasure, and not by exerting force.
They will have only to say what they wish, and it
will be done. If hitherto we have never seen go-
vernments acting in this way; if all institutions of
the kind have been obliged to resort, more or less,
ro arbitrary force, it is because they have been
made on principles which did not conform to the
^* unalienable rights of man, to life, liberty, and
property."

If, to what I have said, it were necessary to add
my thing more in favour of my own views, as to
\he time when governments are to be considered
IS being in existence, I might appeal to the very
irst paragraph above quoted from Mr. JeiBTerson,
(here he says, ** That the lands within the. limits
liiumed by a nationy belong to the nation as a body.

has probably been the law of every people on
earth, «t some period of their history." The very
act of a number of individuals, sufficient to consti-
tute what may be called a nation, after volantarily
consenting to associate themselves in one body, I
say, the very act of accepting the lands within such
limits, (or what is the same thing, assuming them,
with the consent, express or implied, of other na-
tions) is, (not sovereignty) but an act of sovereign-
ty, which originates from their collective charac-
ter, and which acceptance it is perfectly competent
for them to signify, either, as said before, in their
own proper persons, or by an ageiR or agents se-
lected by them for such purpose.

In all that I have urged on this subject, I have
not had it in view to play the critic, as to the pro-
priety of the use of this or that term, in preference
to another. All that I have desired, is, to come
at the truth ; and, if 1 can establish it, to be al-
lowed to say, that governments have existed as
long as man has existed, in some form or other ;
and to some extent or other ; sometimes scarcely
discernible, and at others occupying such a por-
tion of our mental vision, as almost to put it out of
our power to recognize the two extremes of their
existence. I trust that I have succeeded ; that it
is apparent that nations are governments, and
governments, nations ; that they are in fact con-
vertible terms. If it has happened that writers of
great celebrity, have supposed, that there are na-
tions, which have no governments i no legi8lation>.

it is because there was $o wide a difference between
them, and those which had been most the subject
of their contemplation, in their forms ^ extent, pur-
poses and powers f that they were ready to conclude,
that the one was every thing and the other no*
thing. But we should remember, that legislation,
the function of government, is capable of being ex-
ercised in more ways than one ; and that it is as
much entitled to be considered as indicating the
existence of government when it deliberates on the
disposition of a grain of sand, as when it exerts its
labors over the destiny of a hundred millions of
people.

CHAPTER III.

On the duration of the Rights of Property.

Ix the discussion of the rights of property, in
the preceding chapter, there has been necessarily
much of argument, of a negative and correlative
character. It seemed essential, to a right under-
standing of the subject, that the discussion should
tend to show what was property, by shewing what
it was not. It may be asked ; may not a man ex-
pand his lungs and inhale the air ; may he not
open his eyes, and enjoy the light ; may not his bo-
dy occupy the space which it actually does ; with-
cmt any necessity to suppose the existence of le-
gislation? Most certainly. These are functions

• ' 78

necessarily attendant on individual existence— anj
are enjoyed alike by all ; and herein too consists their
equality. They are in the nature of the rights of
persons f and do not, of necessity, hold any relation
to the rights of property. They are as much en-
titled, so to be considered, as, what I may call, my
negative right, of not being injured by another.
About all these there is no dispute* Mankind are
all agteed on these points. No controversy exists,
and there ist no occasion to argue the matter fur-
ther.

But, as to the possession of the soil and the ma-
terials of the world, or rather as to the right of pos-
session, there is niuch dispute. It is this question
which is to be decided. And, in order that it may
be decided, correctly, it is proper for me to have
shown, as I think I have done, that .possession,
occupancy, or labor ^ superadded, have not the fac-
ulty of conferring right ; and for two obvious rea-
sons ; 1st : because rights exist of themselves,
without being created or conferred, have always
existed — and always will e:sist : smce no one, of
right, can destroy them ; and 2d, because pos-
session has no right, unless it be accompanied
with the c< nsent of those to whom the property be-
longed ; having this, it is altogether useless to en-
deavor to derive title from possession : and not
having this, any supposed title is good for nothing.
Any possessor of property, therefore, who should
be foolish enough to undertake to derive his ti-
tle to retain possession, merely from the fact of its

hmg found in his hands--Hrather than from the
consent of the community, would place his tenure
of it, upon a very insecure foiJMidation. For if pos-
session is to give title, the act of fraud, or larceny ,^
the violence of the robber, or a licentious mob,
might soon confer as good a title to it, on another,
as himself possesses. It becomes all thed, to be
very careful how they resort to such a source for
title. If they can find no better, they may soon
be witboot any, and hey would then wish they
had not looked to tb> i. which avails so little.

As it regards my habit, thus far, of contempla-
ting the materials ^A the world, and these only, as
property — I will ' nly say, that, when government,
or society, or I Jslation, or whatever other sy-
nonimous term, we may make use of, shall give
me marble, for xample, as a material upon which
to exercise my i^idustry, at as cheap a rate, as that,
at which natujo has furnished it, that is, for no-
rthing ; I shall have no particular objections, then,
to call the laf or, which 1 shall bestow upon it, in
converting it into a statue, by the name of proper-
ty ; though 1 should still be of opinion, that the
material only deserves the appellation, the labor,
skill &c. being the result of personal faculties, and
only increasing' its value^ Both the material and
its value being mine, (the one by way of my ori-
ginal right to property — ^the other by right of per-
son) makes it a matter of little consequence what
is the name we call them by, so that I do not lose

the Bubstaneei through any misapplication of
terms*

« I am as much averse to refinements, as any
body, especially unnecessary refinements in dis-
cussions which ought to be, and in their nature are,
of very easy comprehension. But I have been
driven* into an indulgence of them beyond my
wishes, by the clouds of error in which I have
found the subject enveloped, and, in self defence,
have been obliged to depart from a plainer course,
'than I had intended to pursue*

Besides, it wil^ be seen, that my view, of the
best applica^iAti of the industry of man, is a se-
parate, single, and exclusive application, such as
that which now prevails ; an application, that looks
for his own individual welfare, almost exclusive-
ly. So far, therefore, as regards this industry,
it never entered into my<;ontemplation, nor does it
now, to allow, in any theory of my own, that the
government should take its management under
thcircontrol, or in any way interfere with it, other
than as the prosperity of the whole may require it,
in relation to commerce with foreign nations.
In the very nature of things, I take it to be a truth
not to be controverted, that each individual knows
better how to apply his own industry, his own fa-
rulties, advantages, opportunities, property &c.
&c. than government can possibly do ; that,
therefore, the aggregate result of all these appli-
cations, will be much greater, when each is suf-
fered to go on, in his own way, undisturbed, and

■

unmolested, than if the sovereign power should
direct the mode of emfiloyini^ the industry of
eacSi individual. And the reason is obvious
enough. The sovereign power, before it can be
able to know what wioiiUi be the best application^
must receive its k^nowledge • by communication
from all the members ; and before this can be
done, the occasion will often pass away, which
rendered instructions from the Public Authority
necessary. Time and labor, therefore* will be
lost, which otherwise would have been saved.
And the larger any community is, both as to nuiti-
ber and territory, the more injudicious would
such a system be.

Ad, thereforp, I did not contemplate that the
direction of the industry of the individuals of a
community, should come within the limits of their
power, except in so far as necessary and usefuir
Public Works, such as Roads, Bridges^ Canals,
&c. were concerned ; it was not necessary for me
to examine the* the subject, any farther than to
afford each individual, his equal share, of the ma-
terials of the world, on which he dwells, that he
may have whereupon to exert his industry, in the
pursuit of his happiness.

This, then, is the extent of my object. In
some shape or other, this share or proportion
must be obtained ; and it is proper to continue to
obtain it, in such a manner as to afford the least
distarbance, and least destruction to the industry
of the escisting generation. Such is the quality,

82 ■

which any new system, ought to possess, which it
may be proposed to introduce*

But there is an imposing obstacle, in the way
of accomplishing the introduction of any such new
system. This consists in a rery general misun-
derstanding of the term, or duAiflon, of the rights
of property. They have been conceived to have
a longer existence than is actually due to them ;
and this it will be fcen, I think, in the future pro-
gress of this work, has been a very prominent
and active cause, of the enormous disparity, in
possession, or wealth, which now prevails through-
out the World. It is an important question then
to answer. How long does a man own pro-
perty? '..

Let us begin an investigation of this question,
in as elementary a manner as possible.

If a world like our own, were made, and there
was no inhabitant for it, it could not be property ;
for, before there can be property, there must be a
proprietor : some one to own it.

If such a world were made, and only one inhale
itant placed upon- it, then would it be property ;
and the whole of it would be his. There would be
no occasion to say a word about rights ; he would
possess all, in himself, there being none to share
with him. If his existence, and that of the world>
too, was perpetual, he would own it in perpetuity.
He would .own it for ever. If he could live only a
limited period, he would own the world for such
period, and no longer. ^Wben be ceased to oa^ist.

he would cease to possess or to own, as much so
much so as if, he being yet living, the world itself ^
were struck out of existence. For it is quite as
possible for a man to own, when there Is nothing
to be owned, as it is for him, who once was^ but
who is not, now^ to own that which does actually
exist. Either ceasing to have being, the ex-
istence of that relationship, between owner and
owned, between possessor and poi|sessed ; which
we call property, ceases also^ It cannot suryiye
the dissolution of that relationship, which consti-
tutes its only feature. His right over the earth
while he lived, would be perfect and entire ; when
he died, his right would die also. For when he is
dead, he is nothing but inanimate matter ; no-
thing but dust, which even the winds of Heaven
may scatter where they list and which no being
short of Omnipotence is able togathep together
again. Dust cannot be the ov^ner of dust. It is
being, endowed with intelligence, that is capable
of owning or possessing. Mind, is its essential
requisite. One tree cannot own or have property
in another. When mind is absent, there is no
proprietor. When matter is absent, there is no
property. Matter cannot own matter. It is per-
verting every thing to suppose such an absurdity.
May not the being, it is asked, who has once
owned property, and is now deceased, have his
wishes gratified, by having such disposition made
of that which was once his, as he may have de-
sired in his life-time »* I answer, no ; unless he

"created it ; unless, indeed, he brought it into el-
istence with his own hands* And on such a sup-
position mij(ht / not ask, what kind of a creator
would he be, who should create a work, that would
outlive himself? How much more reasonable is
such a wish than that of the reptile who should
have crawled over a fine block of marble in the
course of its life-time, and therefore should i have
desired to dictate it8 future destiny f How much
more reasonable is man f Destined to have only
a short existence on this globe, which certainly he
has not made, what is he but a tenant at time, who
when, his lease of lite expires, must resign all pre-
tensions to interfere wuh, or control his successor,
if there is to be one f A.nd if there is to be no suc-
x^essor, of what use is it to contend, that such and
such a disposition, shall be made of what was once
his property, when there is no one to carry it into
effect f Besides if the supposed single owner of
the globe, on the supposition that he is to have no
successor, is incapable of owning after he is de-
ceased, for such i» evidently the fact,, since matter
cannot have properly in matter, why should he be
supposed capable of owning, when>it is known that
a successor is to appear ? Does a su.cccssor bring
into the world any rights but those which belong
to himself? Does he confer rights also, on him
who has once been, which he could not have had
without the appearance of such successor, and that
too, to the prejudice of him who confers ? Are
the predecessor's rights made more, and the sue-

cesser's made less, because both have lired, and
IiFed at different times? If the predecessor could, »
of right, have had no disposition made of that
which he once owned, in the event of there being
no successor ; could he have such right, in the case
a successor should appear ? To say that he
would, Would be to say that he had power over tiie
destiny of his fellow-being, coming after him,
when if he had lived at the same time with him, he '
would have had none at all.

Besides, let me ask, as the successor, on the
supposition that there is to be one, is precluded, by
absence, from disturbing, or in any way interfe- '
ring with his predecessor ; why, when the latter is
absent, that is, when he is deceased, and no
longer in being, why should he be allowed to inter-
fere with one, who did hot, and could jiot trouble
him ? Was it not enough for him, that he enjoyed
his term of life, as to him seemed good ? that he
ivrought when he pleased, and rested when he
chose f That he added value to the materials of
nature by his labor and his skill ; and destroyed'it
again, in the satisfaction of his own wants ? If the
fruits of his industry increased beyond the amount
of his consumption, whose fault was it but his ?
Besides, if the world is not a desert mr a wilder-
ness when he quits it, as perhaps it might have been
when' he found it, does it grieae him, that he can-
not reduce it to that condition again f And having
rdn the career he chose to rtin,'is it unreasonable
that his successor should be allowed to do so too ?

Besides, admitting, a niomeDt, that this first pos-
sor of the earth, had a right to order any given dis^
position of it, how has he acquired the right over
hu* successor, to compel him to execute ii 9 And
suppose him to have the right to compel his suc-
cessor to execute it, where is his powers in case of
disobedience f- And if he have no power, may I
not ask, what sort of a right is that, which has not
power to support it ? It is not so with rights
among men. All the rights they have, they have
fower to support. They may not always see^ ex-
actly, how far their rights extend, but when they
do, there is no power able to deny them their en-
joyment. But it is not so with the rights of dead
men. They are » nullity. They are a mockery
of the human understanding.

Again, let me ask what is the purpose of this
posthumous dominion over property? Is it to^ive
pleasure to the deadf They cannot feel. And*
besides if they could, such pleasure might be more
than compensated by the pain of the living. Is it
to avert any calamity, or procure any blessing du-
ring life, which otherwise could not be averted or
procured, that he should enjoy this dominion?
This is not possible, for no effect of this dominion
is to happen until its possessor has ceased to be
capable of any sensation of either suffering or joy.
Is it to gratify vanity by enabling him to say
• " Such is the property I leave you?" Generous
man! I would reply, who leave behind you, what
you cannot carry away with you! As much is your

generosity to be admired, as the criminal's on the
gallows, who, when he b just about to be executed,
declares he is determined to^ commit murder no
more ! "^

But, perhaps I shall be told that tUs supposed
first occupant of the globe not only desires to leave
it, but his wisdom and experience also, as a lega-
cy to his successor. All this is very good; but
where it is made itnperativej on any one, to receive
wisdom and experience from another, there is
very great reason to doubt whether what is called
by those names, deserves to be esteemed as such.
It may be the height of ignorance and folly. And
if it is not made imperative, then it loses the cha-
racter of a willj and assumes that of a simple re-
quest, which is the most that should be desired.
But even this request made to the successor, to
profit by the wisdom and experience of his prede-
cessor, is altogether as unnecessary as it is imper-
tinent« Whatever of profit is to be gathered from
such a source, is open to him, and his self-love
will stimulate him to avail himself of it ; he will
add it to his own acqusitions, and then it may safely
be calculated, that the wisdom of the latter is great-
er than the form'er, since he possesses the sum of
both. It will be evident, then, that the successor
is to rule, during the period of his own existence,
even on the score of being better qualified to do so..
In this view, then, the right, as it has been called,
of making a will^ of directing how property should
be disposed of after death, is without {wxA^NivMv.

*4^%tf«' ■> -' \Jd

, cceives, from some validity
xist in the will. For rights
acception; on self-deception,
,y other deception. They ex--
Top a necessity which it is not pos-
To man they belong, in eonse-
^f^BRng. They are his, because he
^'"'Sllse they are necessary to him.
•'•'"Ties, they perish with him, inasmuch
"^ .s longer useful to him, and inasmuch
^"^ ^f perishing, he returns again to the
'^'^aniroate matter, which has no rights
*'''''^ none; for rights can belong only to
«9. Besides, if deception could give
^n we speak of the successor or succes-
(should it not give rights when we speak
edecessor? And if it were to be admit-
consequences might not follow? For
luch predecessor might imagine^ contra-
I trust I have amply shewn, that the
iceforward, forever, was entirely at his
that whatever he ordered must take
ight he not then say to his successors?
!i not these- premises! I will that this
nain of nature, on which I have taken
lore, shall remain to the wild beasts,
le fowls of Heaven; that no human being
bt upon it; and that he shall be driven
soon as he shall dare to intrude himself

nn Barlow '« Address 1o the privileged orders, p. Zl

For the sake of argument, and for the purpose
of canvassing the merits of this question with the
utmost severity, let us admit that the wisdom of
the two persons, now under consideration, is equal;
•tilli as the case admits of other successors, who
have also their equal rights, (rights be it said, too,
which cannot interfere with the predecessor) these
latter would be infringed, if a single individual,
merely from the circumstance of prior existence,
could overrule what belongs to them, each in his
own proper time, as much as it did to the first of
the race. For, here, as every where else, it is the
first law of justice, that the wish of a majority
should prevail over that of a minority ; and such a
law here cannot be violated, without making one
man a monarch over all who succeed him, to the
end of time.

Hitherto I have treated this matter as it had re-
ference to the power, I mean the right of power,
of the first possessor of the world, over his succes-
sor or successors. Let us now examine it in an
inverse order. If it has appeared that such pos-
sessor cannot confer rights, to have force after his
decease, on a being who comes after him, may we
not say, even if such successor should happen to
ihinJc to the contrary, that he cannot and does not
receive them ? That which cannot be given or
granted, cannot be taken or received. The one
implies the other. They cannot exist separate*
If one fails, so does the other also. It does not
mend the matter, that the person supposed to re-

89 .

eeiTe believes that be receives, from, some validity *
which he imagines to exist in the will. For rights
are not founded on deception; on self-deception,
any more than on any other deception* They ex^
ist of themselves, of a necessity vrhich it is not pos*
sible to evade.^ To man they belong, iB eonie-
quence of his being. They are his, because he
lives, and because they are necessary to him.
When he perishes, they perish with him, inasmuch
as they are no longer useful to him, and inasmuch
as, in the act of perishing, he returns again to the
condition of inanimate matter, which has no rights
and can have none; for rights can belong only to
living beings. Besides, if deception could give
rights, when we speak of the successor or succes*
sors, why should it not give rights when we speak
of their predecessor? And if it were to be admit-
ted, what consequences might not follow? For
example, such predecessor niight imagine^ contra-
ry to what I trust I have amply shewn, that the
world henceforward, forever, was entirely at his
disposal ; that whatever he ordered must take
place. Might he not then say to his successors?

'' Touch not these premises! I will that this
*^ fair domain of nature, on which I have taken
my pleasure, shall remain to the wild beasts,
and to the fowls of Heaven; that no human being
shall exist upon it; and that he shall be driven
'' away so soon as he shall dare to intrude himself
** upon it."*

* Altered from Barlow '* Addresg to the priTilcgtd orders, p. &]•

90 •

Would such a destiny of the earthy be.conridei^
ed as the emanation of human reason ? If not,
why then should powef be given to create such a
destiny i And if not iuch a destiny, so flagrantly
niKreasoDable, why any destiny, however litth un-
reasonitble i Let no ingenious soi^iist, spreading
his webb to catch human' rights, pretend, that even
as now organized, governments do not fiul to take
judgment of such.wills as emanate from minds
which they deem insane, and to declare them
void. It 13 right that they should ; but it is also
right to correct errors of judgment, which in com^
mon acceptation, do not amount to insanity, and
pronounce them void too ; for every species of in-
judicious exercise of the power of the testator, is
a species of in&anity, and it is competent to the
community who survives him» and who alone have
any interest in such exercise^ to remedy it,, and it is
their duty to do it^ In order to do it effectually,
it is requisite to supervise every will, and wherein
it does not conform to the best interests of the
living, for they are the judges of it, and the only
party interested; or where it contravenes those in-
terests, to render it null and void ; nand to supply
the deficiencies, created thereby, in such manner
as to them shall seem good. Wills, under such
circumstances would be a nullity ; and the next
step to be taken, would be, to declare that they
should not be made at all.

It is evident, then, that what cannot be given,
cannot be received ; that what cannot be received.

91 * »

cannot be retained, but must be given up, to the
rightful owner, whenever he shall appear to claim
it. Just as the innocent holder of stolen goods^
(holder, perhaps, by inheritance) ipnst give them
up to the lawful owner, and bear the loss, or seek
his remedy, if there be any to be found. If a part
only is illegally held, such part only is tabe surren-^
dered ; the rest retained. There being no right
to retain by force or frauds that which does not
belong to the retainer, punishment is due to those
who are guilty of such an act.

It is apparent, then from all I have said, that
there is no such thing, in a correct consideration
of the matter as testator ^ will or heir ; that they
are mere fictions of the law ; and whether meant
or not meant, have had, and ever will have, as
long as they shall be suffered to exist, the effect
to transfer property from him who has the just
and true title to it, to him who has not. If they
were not mere fictions; if the power of making a
will was a reasonable and natural power ; then
the son of a soldier, might inherit 'his' father's
courage ; the son of a poet, his father's inspira-
tion ; the son of an artist, his father's skill ; the
son of a statesman, his father's political talents ;
and the daughter of a woman, her mother's beau-
ty and accomplishments. Nay more ; the daugh-
ter might inherit, since she has also the same fa-
ther, the qualities allowed to the son to inherit ;
and the son, since he has likewise th^ same mo-
ther, might inherit the qualities ascribed to the

^ 93

daughter. Nor should we stop here. For if Ae
good personal qualities of parents, could deseend
to the children, so would their badi and we
should not fail to see it happen, that when a son
inherited an estate from his father, he would often
also inherit a rope about his neck..

It is true I hare considered the question, only?
with reference to the possession of the earth, by a
single individual, at a time ; and yet, such are the
multitude of absurdites, enormities, iind acts of
LDJustice that would result, by admitting. the prin-
ciple that property should be subject, in any de-
gree, to any disposition, decreed or desired, by
its former possessor. We are yet to «ee, whe-
ther the matter would be in any measure differentv
if, instead of there having been placed upon this
^lobe, only this one inhabitant, the number should
l>ave been sufficient to compose the population of
many nations.

I shall, without further trouble, suppose this
number to be divided into as many separate na-
tions, fas to them is agreeable ; and that they
have also, with like good will, apportioned the
entire surface and property of the earth in such a
manner as to be as nearly equal as they can make
it, and to be satisfactory to all.

Now let us. take any one of these nations, and
apply the reasoning which I have used, with re-
gard to the single possessor, so far as it may be
applicable, and so far as it is not, supply the defi-
ciency in such way as circumstances shall require.

If the population of the nation chosen for illus*
tration, be supposed to be immortal, ^nd that there
are no more to come among them, the duration of
the right of property, as a natiotiy would be.eternaL
If there be any reason to controvert this, it will be,
that the division of the earth just supposed to be
made among the nations, turns out afterwards not
to be equal. In such case, it must be admitted,
the nations collectively, would have the power to
establish equality ; and to re-model any appropri-
ation of property to any nation, until this object
should be accomplished, or so nearly accomplished,
as to amount to a matter of indifference, whether
any further attempts to obtain it were made or not.
When such equality was established, although the
nations jointly, would have, undoubtedly, the right
to cause the different nations, to change locality,
at such times as might be ordered by themselves ;
yet as no advantage could, and much disadvantage
would, accrue, by such change, there would be no
inducement, to order it, and, of course, it would
not be done*

Here, as the nation is supposed to be immortal ;
so also are the individuals ; and, of course, there
can be no exercise of the power of the will.

Let now our nation remain the same, ej^cept
that they die at no distant period, and that they
have successors.

They would have a right to use their property in
conimon. They could agree to labor in common.
They could so order it, that no individual 8ha>\WL

pluck ao applci without public permission, nor liare
it without charge. They might thus go on, and
expend the term of their existence. It would be
perfectly competent to them to adopt such a me-
thod of enjoying the property assigned to them, by
their sister-nations. Whether it would be the
most judicious, and profitable method, is another
question. But, deciding upon adopting it, no one
could question their right to do so.

Let us see how our previous deductions with re*
gard to the power of wills, will apply here. We
have shown that an individual possessor of the
world, (and if it were only a portion of it, it would
be the same thing,) cannot bestow it, when he is no
more. When a nation dies, it is in the same situr
ation : for neither itself, nor the individuals compos-
ing it, have power to bestow, to have Effect, after
they cease to exist. For principles are not changed
by any multiplication of the number of objects or
persons to whom they may be applied. Justice is
the same, whether it be applied to hundreds, or to
thousands, or to millions, or to no one. Besides,
here are some new problems to be solved. I said
than an individual, by permission, might pluck and
eat an apple. In its consumption, it would perish,
and we should see it no more. But this would not
be true of every thing. An arrow, or a bow, would
be obtained by permission of the same authority,
but it would not perish in its use. It would re-
main, and might survive its proprietor. It would
Hie his, because obtained of the proper authority ;

and because such authority has given it to him, iu
virtue of his equal right with them. If we allow
to him the right of giving it away, when he is
about to die, why not allow him also, to give-away
his undivided portion of the soil; his undivided
portion of any other property which is com-
mon to them all f As it might be among
us ; when a man. here, is about to die, why not
permit him to will away his portion of the Grand
Canal? Of all our public xofids and streets ? —
Even of our very lamp-posts ? These latter, too,
being divisible, on the principle. that wills are va-
lid, ought certainly, and might easily' be specifical-
ly devised. /Surely no one will pretend to say
that the testator has no property in any of these.
He most certainly has, for they have been paid for
with (what he considers, and what is generally con-
sidered) h js own money. It is true it is not in the na-
ture of Bank-stock, for he receives no certificate,
no scrip, farther than a receipt for payment ; but
in every other respect there is no diflference. If
this be denied : if it be said, that he has already
given it away to the public, and that it is,^ there-
fore, out of his power to give it again ; I ask, who
are the public ? ,Is he not one of them f Is he not
one of the community? If so, he has, at least,
given some portion to himself. He is at least an
equal owner with his fellow-citizens ? Nay, more,
according to the prevailing rules for measuring
the amount of property belonging to different own-
nersy or claimants, he is a greater owner, inas-
much as he has contributed more^ than taair} olVvfe

fellow-citizens. Nor is it to be said that it can*
noc be willed away, with propriety, inasmuch as
it was given for the purpose of making the testa-
tor's other property more valuable. For, may not
this testator, having a farm, will it to A, and at
the same time, give to B. the fences thereon, or a
tree or trees f May he not separate and divide his
property as he shall think fit f If he may not, he is
circumscribed in the exercise of his rights, ieind if
he may be circumscribed at all ii\ this respect, he
may be deprived of them altogether.

As the matter now8tands,'then, if testators are
prevented from willinfg away, (and that too, every
day, forever,) even our very lamp-posts, it is be-
-cause the governing authority has determined, as
far as this description of a man's property is con-
cerned, to be the heir of the dying man. If wills
are sacred : if they exist in matter of right, at all,
why is this suffered to happen f Why will not the
public authority, on any principles which may be
agreeable to them, ascertain how much of this
canal ; of this road or street, or how many of these
lamp-posts &c. &c. belong to the dying man in
question, and inform him thereof, that he may
make disposition of it, as he would of any other por-
tion of his estate ? It is no answer, to' say, that
they are not divisible; at least their value is; and
whatever the dividend of the dying man should be
determined to be, the Public Power should provide

it, and place it at his disposal. It should either do
this, or renounce wills altogether ; ibr otherwise,
it is not possible to be consistent.

fiuti conclusive, egainst the propriety or justice
of tbe power of making wills, as this train of rea-
soning will probably appear to the candid reader,
the subject is still capable of aFmore rigid, and, as
it were, a mathematical mode of treatment; such
that no msLUf after having understood it, can pos-
sibly have a moment's hesitation in renouncing it
forever.

The positions taken by those who defend the var
lidity and the justice of the power of making wil^^
seem usually to be these:

1. That men acquire property by their industry,
economy, and skill :

2. That being thus acquired, it is their own to
dispose of, henceforward forever, as they shall
think fit:

3* That, as a consequence, no one, majorities
or others, have any right to dispossess them of it,
or in any way abridge their power to dispose of
it, as they shall desire: and

4. That they ought to have this power, of ac-
quiring and disposing of property, in order to pro-
vide for their children, relatives, and friends.

I^et us now examine into the truth of these po-
sitions. In order to do this effectually, it will be
necessary to go back to the first period of man's
existence. What shall we find there f Nothing
but one wide common; a wilderness, on which man,
for the first time, has imprinted his footsteps. Of
course it belongs to all eqally. It is an undivided
property, in which each has equal right; and no

one has title to any specific part, &r to a pf opor"
tioo* greater than any of his fellows. Let this un->
divided common be represented by the following
diagram, in the shape of a square, since shape is
immaterial, denoted by the letters. A, B, C, D.
To make the application of arguments to this dia-
gram, free of captious objections, let it be sup-*
posed to represent the whole world.

Here, then, we have the whole world before us,
and the supposition is that there is a race of be-
ings present, ready to occupy it. How does it ap-
pear, that these beings have acquired this proper-
ty ? Is it meant that the mere act of occupying,
or rather, of being present upon it, is an act of

acquisition'? This, surely, cannot be possible.
For even this act is not their own. It is not they
who have placed themselves upon it. They hare

•

been placed there, by a Power, or by a Necessity,
which controlled them, and the property they
claim, with a force, which, if they were even to
desire' it, they could by no possibility resist. How
then, is it^possible, in the origin, at least, of jj^o-
perty among men, to say that they acquire it by
industry, economy and skill? Surely, none of
these are requisite, in order to place them in pos-
session. The truth is, the origin of ail property,
in the sense in which I use the word, is very dif-
ferent from this. It is a gift from the Divinity,
if there be such a Being, who has made the world
and the creatures who inhabit it. It is bbtained
without the act or deed, of any lund, of those whp
receive it, and is altogether extraneous and inde-
pendent of them. Being a gift, as it undoubtedly
is, to the whole, in their collective capacity, it be-
longs as much, if any« such there be, to those who
are without industry, as to those who are indus-
trious ; to those who are prodigal, as to those who
are economical ; and to those who are destitute of
skill, as to those who possess an extraordinary
share of it. These distinctions, in truth, .do not
show themselves among men« in this early stage
pf their existence ; but are the result of the sub-
sequent organization of human society. Men,
therefore, who resort to the use of them, in dis-
^i|s$|iQQS pf tl|e rights of property, such as now

100

engage us, should not fietil to see, that when they
do so, they do not ascend to the origin of things,
and are, therefore, very much in fianger of not
understanding themselves, or the subjects they
discuss.

In the first entrance of men, into the possession
of the property of the world, it is evident, that
they acquired nothing, either by industry, econo-
my, skill, or other quality or process, save that of
gift from the Being who made all. It is appar-
ent, therefore, that all pretensions to the right of
making a will, on the ground of acquisition, f^ls,
and must fail, so long as men choose to retain
their common property in an undivided state*
For, bein^ undivided, what is the particular part
or portion, which any one may undertake to will
away f He has no authority to say what it shall
be ; and the majority do not choose to name it.
For him to say, as he is about to die, that he wills
away his undivided portion, to a certain specified
being, would be saying nothing ; for this latter
would also have, on his appearance on the stage
of life, the same undivided portion, as well with-
out this will, as with it ; unless, indeed, we niake
the inadmissible supposition that the people first
occupying the globe, should forbid the existence
among them of any other beings than themselves.
But^this is not to be admitted,rsince, besides 'being
contrary to the uniform and invariable history of
mankind, without a solitary exception, it is alto-
gether incompatible with the rights of those who

101

ai^ar at periods of time subsequent to their
own. .

It will }S^ said^ perhaps, that although t|be soil,
inconsequence of 'its; remaining undivided, and
being held in comnKHi^ui not subject to be dis- '
posed of, by will, by indivitiaals ; yet that move-
able property is not in the sanoe condition, but
may be bestowed by way of iisgacy. But it de-
pends, still, upon the pleasure of .the community,
whether even these shall become personal pro-
perty. If the majority determine; . thd:( every
thing moveable as well as immoveable, shall be
common, as they have the undoubted right to^do,
even to articles of dress ; then would there be.tu>
subject upon which wills could be brought to act ;-
and we should see, in every instance,, that the
power of making them, is one which ean have no
existence, in the original and natural condition of
man. , Contrary, therefore, to prevailing ideas, it
is palpable, that the power of making a will is
altogether unsupported by nature ; that it is the
result of the invention of man is wholly artificial,
and capable, when society shall deem it to be per-
nicious to its happiness, of being totally destroyed
and*banished forever.

So far then, as wills are vindicated, on the
ground that those who acquire property, by in-
dustry, economy, and skill, ought to be allowed
to convey it to their children, or other legatees,
we see that such vindication is without any avail;

since it is clear, that no such acquisition, in the

102

first and most natural organization of humajQ 80^
ciety, can ever take place. . .

It remains to be seen, hok far a parent, cut ofi^
as we see he is, of the p9wer of making disposal
of property, after his deatb,*^ for the benefit of suc-
cessors, can make a similar disposal, before bis
death. This will^; of course, include the case of
providing for children, during their minority, and
it is to this period, that I wish more particularly
to confine, my remarks. It may be objected, per-
haps, t£at this does not apply to wills ; but it is
evident, that property given to children or others,
\ before the death of the giver, is only a will by an-
ticipation ; and it is not the less so, that the re-
ceiver may be yet in his minority. But, in the
case before us, where even the father has nothing
which he can call his own ; nothing which he can
separate from what belongs to his fellows and his
equals ; how is it to be said that he can give to
his children f And if he has nothing, which he
can say, is Lis, of what use is it to say, that he
may give ? To say that the power to give ex-
ists, is, to presuppose that there is something to
be given. And, on the other hand, if there is
nothing to be given, it is certainly, as logical to
conclude, that the power to give does not exist.

Those who think they have acquired property
in the manner already mentioned, think, of course,
that it is, therefore, their own ; and that they have,
as a consequence, the right to dispose of it, as they
shall think proper. By shewing that they have
not thus acquired it, at least under one form of so-

103

ciety or government, into wBich men may organ-^
ise themselves, I have shewn that, as individuals,
they have no property at all ; but even if I had
not so shown it, still the matter would be very lit-
tle better. For, it is to be observed, such persons
contend for the right of the power to dispose of
what they call their property, on the ground that
they ought to be allowed to give it to their children.
But every one will see, on a moment's reflection,
that if any property in question, be acknowledged
to belong, to a parent, for example, it is hisj of
course, and his only. It does not belong to any
one else, to a child or relative, to a friend or stran-
ger. Such parent, therefore, inaimuchas he may
do what he pleases, with his own, on such a theory
of the rights of property, without any blame what-
ever, 'may starve his child to death. It is into such
barbarous absurdities, that men are driven, when-
ever they contend for such absolute and exclusive
ownership of property.

But, in a state of society, in which all moveable,
as well as immoveable property ; is h«ld in
common, let us examine the principle upon which
support is rendered to the ascending generation,
during their period of helplessness and non-age.
If it is to be taken as a principle that the child is
to look to its parent, and to its parent only, for
support, then we shall not fail to see some appal-
ling consequences springing out of it. This prin-
ciple, of course, supposes that the chil«l has no right
of his own, to a share, equal or otherwise, of the
common property. If it receives any, it recevv^is

104

It from the benevolence of its pare&t. If tkii be*
nevolence fails the life of the child fiuls with it.
And that this is an erent, very likely to happen,
under a rery possible state of the administration
of the affisiirs of this great communis of undivided
property, it is very easy to prove. For, a majori-
. ty of the parents in such community, may happen
to have, for example, say three children only, to
each family : the remaining part may have from
three to twelve. Inasmuch, therefore, as the
heads of families only are recognized in the gov-
ernment, it is plain, that each head of a family, for
the use and support of all its members, would re-
ceive an equal portion of the spontaneous and cul-
tivated fruits of the earth. If now it should hap-
pen that a diminished production of these fruits,
should disappoint the expectations of this commu-
nity, what is to become of the most numerous fam-
ilies f There might, perhaps, be enough to sus-
tain, in comfort, the smaller families; and if there
were only enough for this, those of greater num-
ber, must either suffer or perish ! Such is the
consequence, the direct and certain consequence,
flowing from the principle, that a child has no
right to look for support to any one, but a parent !
And yet according to the absolute right of owner-
ship in property, to which most men lay claim,
even this reliance of the child upon the parent, is
not to be accorded to it, since it is incompatible, as
I have already shown, with the existence of such
absolute right !

105

If, however, the government shoulc^ distribute
to each family, in proportion to the number of its
members, it would be to disavow the principle that
a child is to look to its parent for support, and to
declare that its claims rested upon the community.
And this places the reliance where it ought to be,
upon the rights of the being receiving support, and
not upon the benevolence^ of parents or others.
These latter are only trustees or agents, whose du-
ty it is to give the support which the Public Au-
thority furnishes. They have no right to with-
hold it, or falsely to say, that they give it. That
these children have it in their oion right, and not
in the right of their parents, is evident, not only
from this, that large families have more than small
families, in proportion to their numbers ; but also
from this, that thosa children who have lost their
parents, nevertheless have as much as those whose
parents are living. I know it is not easy to refer,
in history, to any nation, which has actually mado
common property of both moveable and immovea-
ble things ; bat the truth of my observation is ve-
rified, by all history, in the condition of those com-
munities, which come nearest to my supposition.

If, then, the power of making a gift or a will,
does not belong to an individual, m a Community
which holds all property, moveable Or otherwise,
in common ; it will be well to enquire whether
the same power is te be found in a community, in
which nothing, or nearly nothing, is held in com-
mon, and in which, of course, every thing, or

106

uearly every thing, is held by a personal and ex-
cluaive tenure.

Jiet us take BgwD, our Bquare,.the representa-'
tire of our imaginary world, and under some mo-
dification or other, of the original snd primary
condition of man, make it wholly private property.
'Let the families, if you please, amount to one
hundred, constituting, for argument's sake, the
entire population of the human race at this period.
Let the square E, F, G, H, be equally divided
among these families.

«m

S^&B

'!•

,«

«p

■20 1

22
32

26
36
46
56

30 B

47
57

"is

49
59

151

<i3

76
86

77
87

78
88

6!)
79

74
84

IBS

75
85

80
90

ess

30I

100

I divide it equally, because I suppose it to foe
equally valuable in all parts of its surface ; and
because I take it for granted, that this Commuw-

^ lot

ty iirould not allow it to be divided unequally, if
thej understood their equal rights, without giving
to those who might have less than their' equal
and natural share» some full and undoubted equiva-
lent for the deficiency. As it is unnecessary to
perplex the discussion which engages us, with any .
considera^on of equivalents, they are, therefore,
altogether, excluded^ and the division is made
equal among all.

Now, it is perfectly competent to this Commu-
nity, so to divide that which is the equal and com-
mon property of all; and after having divided it, to
apportion one small square, or section, to one family
another to another, and soon throughout the whole.
But no particular family could, withany propri-
ety lay claim, to any particular square, as its own,
for example, square No. I, or No. 100, in prefer-
ence to any other. It is a majority of these fami-
lies, who are to decide, by any method that is just
and equal, what particular square or section shall
belong to any particular family.

The same authority also, has power to say,
for how long a timcy any particular square, or sec-
tion, shall remain in the possession, and be consi-
dered as the property, of any particular family.
They may limit it, if they choose, to a single year,
and then give another square or section to every
family, instead of that which they held, the pre-
vious year. Nor is history wholly without exam-
ines of a practice of this sort. " At a time, when

108

'< money was very scarce, the Egyptians must
«< have been obliged to assign lands to the soldiers;
'< and, afterwards, we may suppose, many dis-
^' putes took place, relative to the produce, which,
^' from the diversity of soil, could not be alike on a
" given space* To remedy this inconvenience,
'' the legislature ordained that the military por-
^* tions should circulate continually, passing every
*^ year, from one soldier to another, so that the
'' person, who had at first a bad lot, received af-
** terwards a better/' *

Nor is Egypt the only instance we have, m
which the term of private property in. lands was
limited to a single year. Historians inform us t
that, — " The state of property in Peru, was no
*^ less singular than that of religion, and contri-
^' buted likewise, towards giving a mild turn of
^^ character to the people. All the lands capable
*' of cultivation, were divided into three classe?.
** One was consecrated to the Sun, and whatever
'' it produced, was applied towards celebrating the
'* public rites of religion. The other belonged to
*' the Inca, and was set apart, as the 'provision
" made by the community for the support of go-
*' vernment. The third and largest share, was re-
'' served for the maintenance of the people, among
"whom it was parcelled out. No person, how-

* De Pauw's Philosophical Dissertations on the Egyptians and
Chinese. Vol. 2d. p. 276.

t Herrera, quoted by Robertson. History of America, vol. 3d,
page 166.

109

** ever, had a right of exclusive property, [exclu-
*' sive, forever, is here meant,] in the portion allot-
^* ted to bim. He possessed it only for a year, at
*^ the expiration of which, a new division was
** made, in proportion to the rank, the number, and
*^ exigencies of each family. Ail those lands were
*^ cultivated by the joint industry of the communi-
^' ty. The people, summoned by a proper officer,
'^repaired in a body, to the fields, and performed
'* their common task, while songs and musical in*
^' struments cheered them to their labor."

In any such division, among the hundred fami-
lies, as I have represented, in the diagram, E. F.
G. H., it is plain that they, or rather a majority of
them, would have the right to fix the time during
which any and every particular family, should oc-
cupy any particular portion in question. It is evi-
dent here, that the whole have not acquired this
aggregate property ; iuasinuch as it is supposed
to be the same as that represented by the pre-
vious diagram, A. B. C. D. p. 98. It is evident also,
that no one of these families, has acquired any par-
ticular sectio^. of the diagram, E. F. G. H., by any
industry, economy, or skill. As in the former
case, the property claimed to be owned, or to have
been acquired, as well as the person claiming, are
where they are, and what they are, not by any act
of their own, but by a Power or an Agency, supe-
rior to both. All that can be said, is, that, one
family has section No. 1, another No. 2, another
No. 3, and so on, through all the sections, by com-

tnon consent ; or, in other words, by agreement
among themselves. Otherwise, there could be
no exclusive possession, by any one, of any par-
ticular section. All would be common.

If, then, the time of possession, be limited to a
single year, at the expiration of that time, every
occupant of a section, ceases to have any title to
exclusive possession. It is no longer, what he has
ceMedHs. If, again, it were limited to ten years ;
this also is a period of time which the generation
then in being have a right to fix upon, provided it
does not exceed the period of their lives ; and the
right, to the exclusive possession of any particular
section, by any particular family, ceases, the mo-
ment, theten years have gone by. Once more, it
is competent for the majority to say, that each
particular family may retain its designated sec-
tion during life. And if it were a possible^ thing
that each and eycry family should die on the same
day, then the authority of this whole generation of
occupants of the globe, would cease, when they
ceased to exist.

How absurd, now, would it not be, where the sec-
tions are allowed to be held for one year only; for
the occupant of any particular section, to claim to
himself the right of nominating his successor; of
saying who should occupy next after him, the sec
tion which he exclusively owned only by consent
of the majority of his fellow-beings ? How absurd
would it not be, in any one, to hold forth similar
pretensions in the case, where possess'.on|is limited

to ten years ? But, certainly, not more . so than
he, or they, who should endeavour to extend their
own authority beyond the period of their own ex-
istence. All these acts, if they were perpetrated,
would be flagrant invasions of right. The two
first would infringe upon the sovereignty and rights
of the majority of the community; since it is for

this ivoAy to determine who arc to occupy the sec-
tions, ail vacated as they are, at the expiration of
the limitations mentioned: and the last would in-
frinire upon the rights of the succeeding genera-
tion, who have a right to say /or themselves^ how
this property, which a former generation have lived
upon, shall be apportioned among them, without
being interfered with by any.

It is to be said, when property is held for the
term of a year, that, xvith regard to one another^ the
holders, during that time, are absolute and uncon-
ditional owners. It is also to be said, that the same
thing is true, with regard to the period often years ;
and so also is the remark applicable to any term
whatever, so that it does not extend beyond the
life-time of the generation. If it does, then it in-
terferes with the rights of the generation that suc-
ceeds. With regard to the individuals of any ge-
neration, their rights cannot go beyond the limits
fixed by a majority of such generation: within
those limits the rights of individuals wil| be abso-
ute and uncontrollable. With regard to a whole
generation, it cannot confer rights on any one, or
ixioxe^ of the individuals of which it is composed,

112

exieoding to an encroachment on the rights of an-
other generation ; for this is a power, a moral
power I mean, which it does not possess; and,
therefore, what it does not possess, it cannot
give. ^

Every one sees the absurdity, where land is
held for a year, or for ten years, in equal portions,
as the sections in my diagram indicate, of any for-
mer occupant attempting to dictate who shall be
the successor to the section he has formerly occu-
pied ; because it is seen to be a palpable invasion
and assumption of the public authority; but, al-
though not less enormous, the injustice of one ge-
neration, or part of a generation, infringing the
rights of a succeeding generation, is not so visible ;
and merely because, as I take it, the line which
separates one generation from another, is not so dis-
tinctly seen.

But, let us confine ourselves, as I have chiefly
intended to do, to a single generation only, and
let us see, if we cannot make plain, as the sun at
noon-day, if it be not so already, the absurdity of
this power of making a will. Let this community
of one hundred families, be supposed to have di-
vided the world among them, in manner the same
as shown in our diagram, p. 106. Let us, also, sup-
pose just as is the fact now, that they may die at
diiSerent times; and that contrary to what happens
now, there are to be no successors. If this little
community allowed wills to be made, the conse-
quence might be, that successively, as A, B, C

113

lif £, &c. &c. should die, allowing them to die
first, they would or might, by will, give all' theit
sections, or in other words their property, for ex-
ample, to O, while from O, downwards, they
would remain with only the quantity of property
originally given them. As between O, and the
latter members of the alphabet, during the latter
portion of the life time of this generation, there
would be a vast inequality ; and such an inequali-
ty, that, having determined in the first partition
of the common soil, to make it equal, they would
never have permitted the existence of wills, if they
could have foreseen the effects they would pro-
duce.

For, it is manifestly absurd to suppose that any
community, in the first division of the common
property of all, would make equal allotments to
all, and afterwards allow another principle to
come in, which would destroy this equality. Na-
tions, any more than individuals, cannot, know-
ingly adopt contradictory principles. They can-
not be in favor of equality and inequality, at one
and the same time. Yet this is the absurdity, to
which the practice of making wills would lead,
if they were a^llowed to exist in a community
which should have no successors. The truth is,
if such a community had ever existed, or could
ever exist, they would be obliged to adopt the
principle, that whenever any one or more of the
occupants of the sections in question should die,
that the sections themselves, on which the occu^aiit.^

10*

114

liad spent their lires, and firom wkich thej had
drawn the means of their rahastence and ha]qtt-
ness, should rerert to their siinriTors» and hy a
minority of them, be disposed of, as to them should
seem good, withoat any regard, whaterer to the
-wishes or desires of those who had ceased to ex-
ist ; and this majority, would not fail to apprqiri-
ate to its individuals equally, the abandoned sec-
tions, and all the improvements thai had been
made upon them.

We have seen, then, whether governments be
organized so as to hold all property undivided and
common, or to possess it, equally, and separately,
that there is no such thing as any one's 'having
acquired property at all, by any thing like his own
act or deed, and that of course, he has no right to
convey it away, and having pretended to convey it
away, it is a false pretence altogether. It is true,
however, that if I own, by the consent of the ma-
jority of my fellow-beings, for example, section
No. 1,/or one year only, I may convey to another
such section, but only for such period of time. So,
also', if I own, by the same authprity, the same or
any other section, I may convey it likewise to ano-
ther, for ten years, and no longer, if that be the
period for which I am allowed to hold it. And
once more, it is to be said, that if the majority of
the community, of which I am a member, shall
have consented that I shall be the exclusive owner
of any particular section, during life, that I may
dispose of such section, for such period and no

115

hog/er. The reaaton why I have no right td dis-
pose of such sections, for periods of time longer
than the' community shall have designated, iir,
that it is not the individual, but the majority who
confers the right; for unless they did so confer it, the
right to the exclusive occupation of any particular
portion of the common property could not exist at
all. And the reason why the community itself,
viewed as a single and separate generation, have
no right to give title, to any one, or more of its
members to hold property longer than they shall
live, or to give title to others to hold in virtue of
such supposed right, is, that they, themselves, do
not possess the power to do so. For, as individ-
uals are equal, one with another, so are genera-
tions ; and to allow a past generation to extend the
operation of its laws or its wishes into the pre-
sent generation, contrary to their consent, .is to
allow a principle which destroys the existence of
equality between one generation and another ; in-
asmuch as a generation which now is, cannot be
interfered with, by a generation which is to come,
but may interfere with it, unless, indeed, the latter
shall prepare to resent and resist it.

It is evidently absurd, therefore, to pie-
tend that acquisition of property from one another,
after an equal division has been made, can give
rights to those acquiring, to dispose of it, for pe-
riods of time longer than those who first held itj
had the right to convey. Thus, if I should pre-
tend to convey to another, the right to my particu-

116

lar section, for example, for more than a year
when I had it from the community fbr a year only^
I should be an impostor, and the person to whom
I should pretend to convey, could not be allowed
to profit by the imposition. The same would be
true„ as it regards a period of possession, extend-
ing to ten years ; or to a life-time. That system
which would allow wills to exist, where property
is held during life, would allow them, also, to exist,
where property is held for one year, or ten years:
and this would be to sanction a principle no less
unjust, and enormous than that the grantee should
possess more than the grantor had power to give
him : no less than to say, that the lessee should
hold over the time agreed to, by the lessor, to the
injury of another lessee.

It is apparent then, from the complexion of this
discussion, that the whole world, is as it were, a
great estate of which the Suppeme Being, or Ne-
cessity, as the different understandings of men,
may incline them to designate, is the owner in fee-
simple ; and of which, each generation, in its turn
successively, is the lessee ; the individuals of each
generation, having equal rights, one with another,
and the generations also, being equal one with
another, without interference in any respect what-
ever.

Jf this be a correct aspect, in which to view the
matter, the truth is established, that the materials
of the world are, equally, as it regards the indi-
viduals of any particular generation, and as it re-

117

gards entire generations, one with another, the
common property of mankind. The notion pre-
vails to a considerable extent among men who
have not reflected much, ahhough the materials of
the world belong to others, in all ages, equally
with themselves, that still they have the right to
transfer to others the result of their labon^ which
remain to them, over and above their own subsis-
tence. But they should recollect, that these la-
bors, which they are so desirous to convey, through
the instrumentality of wills, to others, are not a
distinct and separate property. They are only to
be found united with, and inseparable from, ma-
terials which are not their own, but which belong
to the great mass of the present and all future ge-
nerations. How, then, is it to be said, that I may
give my labor, or the result of my labor, to others,
when I cannot do so, without giving away also,
that which is not mv own ? If we were to allow
the principle, that because a man came into pos-
session, even by rightful means, of the materials
of the world, or a portion of them, and employed
upon them his industry, judiciously or otherwise,
that, therefore^ the materials as well as the
labor so employed upon them, were of right his
property; and as such, that he had a right to dis-
pose of them, as to him should seem good ; it
would go the full length of annihilating, in toto,
the rights of every subsequent generation. For, I
have only to inclose perhaps, or fertilize a field
which a majority of my cotemporary fellow-beinga

f •'

'118 *

shall have given me,4a order to makiB if jnine, ab-
solutely mine, and to dj^ny possessiohrof it, if 1' j
shall say so, to every hunfan being conoiing after j
ttie, forever. Under this pretext of ownership in
property, we could setforcfsts on dre, and consume .
them, so4hat future generations should reap no .
beiHefit from them. A coal-mine, where circum-
stances admitted of it, might be burnt up lo a sim- .'
ilar manner. Clay, since it is«t material which
after having been submitted to the action of fire,
is incapable of being made the same substance ^
again, might, at least, by wav of argument, in one
age, and from mere wantonness of power, too, be^
appropriated to uses incompatible with the wel*
fare of succeeding ages. Yet surely, it cannot be
pretended that a theory of rights, which leads to -;
such baneful results, can be a just and true theory.
It is to be said, indeed, in some instances, that in- I
dustry is exercised, without being employed upon
the materials of the world. The physician, for
example, may give me a verbal prescription, which
may restore me to health. In return for this pre-
scription, I may render him some personal service,
such as that of carrying a message for him, to
some distant place. But in this instance, neither
of us has any thing to transmit, or to wish to trans-
mit, to posterity. The prescription has cured
me of my disease, and nothing remams to me, fur-
ther than that I am in good health. The message
has been carried for him, as he desired, and, so
far as the message is concerned, that is all that

reraaias to Mm, If, in returo for the prescri|)tion,
I paid him in some of the materials of the world,
which I had in my possession, I could only trans-
fer to him, such right or dominion to them, as I
myself might possess. If I had only, a one year's
use of them, this would be all that he could justly
receive of me : if it were a ten year's use, that be»-
longed to me, then a ten. year's enjoyment is all I
could give him. If I had a life-lease in what I '
gave him, he also would have the same liferleasQ,
and no more.

The principle which tho first of allgoverhments
in any country, and, indeed, every succeeding go-
vernment, should adopt and practise, is this. In
dividing that which is the equal apd common pro-
perty of all, the apportionments should be equal ;
and if it is concludea, as it will be, where men un-
derstand how best to pursue their own happiness,
that a life-lease of property is better than any
other, that will be the term preferred to every
other. Then will every one understand that ho
has full liberty to use the materials of which, du-
ring his lite-time, he is the master, in such a man-
ner as, in his judgment, shall promote his own
happiness. He will understand, too, that if the
use which he shall make of them, shall be such as
to meetj^ the approbation of those who come
after him, they will be disposed to follow his exam-
ple ; but if not, that still the sujscessor has a right
to make such other use of the same, as to him
shall seem good, with the knowledge that every

120

other person coming after him, too, will be equal-
ly free. Society^ thus organized, gives notice to
all its members, -that they are to use their own in-
dustry, with a view to their own happiness ; and
cannot be allowed, on any pretence whatever,
whether of kindness or otherwise, to interfere with
others in the same pursuit. Under these circum-
stances, then, no one would seek to acquire proper-
ty for the purpose of making it an instrument (to
be placed in the hands of children,) of domination
over the children of other parents ; and every one
would be willing that all, in whatever age or ge-
neration they might appear, should have equal
possession of the materials of the world, and, of
course, of the means of assuring their own happi-
ness.

If anything can add force to these observations,
it is, that us regards the prevailing ideas, as to who
are and who are not successors to property, they
are altogether founded in error. In a community
where the soil, the equal and common property o
all, should be divided equally, and the equal por-
tions held by each member, for one year only, what
member could say he had a successor ? Is there
any one on whom he could confer the right of oc^
cupying that which, by the death of his own tenure,
he is compelled to vacate and abandon ? Where
the tenure extended to the term of ten years, who
then would have a successor ? If, indeed, there
be any at all, the community itself is the succes-
sor ; and there is no other. So also is the com-

munity the successor, and the sole successor, in
the case where the government is so organized,
that every member of it holds, property during his
life. At his death, it returns to the community,
and these, in duty to every member of which it is
composed, yield to them, at the suitable age, their
share of the common property, and secure to them
its enjoyment during their lives. There is, there-
fore, no such thing, then, as successor, in th&
meaning in which the word is received among men
at the present day. It is only a misunderstand-
ing of our rights that could have tolerated its use
or existence among us.

I have spoken, by way of illustration, of men
holding their right to property, on the same princi-
ple as that of a life-lease. In the further progress
of this work; it will be seen, that I do not intend
to reco::!mend any restriction on the sale of prop-
erty in perpetuity ; and yet the system which I
thus place before the world, will rigidly maintain
the principle, that no man or generation of men,
have property, or the disposition of property,
either as to who shall own, or shall not own it, or
as to the Use that shall be made of it, one moment
after they cease to exist. It is by the aid of mon-
ey, that this is to be accomplished. Thus although
I may have given to me, by the community of
which I am a member, for example. Section No.
46, in our diagram, I may dispose of it to whom
I will for a fair consideration, (and for none other) ;
and if at the time of my death, I retain the vahc

120

Other person coming after him, too, will be equal-
ly fri^e. Society^ thus organized, gives notice to
all its members, -that they are to use th^r own in-
dustry, with a view to their own happiness ; and
cannot be allowed, on any pretence /whatever,
whether of kindness or otherwise, to interfere with
others in the same pursuit. Under these circum-
stances, then, no one would seek to acquire proper-
ty for the purpose of making it an instrument (to
be placed in the hands of children,) of domination
over the children of other parents ; and every one
would be willing that all, in whatever age or ge-
neration they might appear, should have equal
possession of the materials of the world, and, of
course, of the means of assuring their own happi-
ness.

If any thing can add force to these observations,
it is, that as regards the prevailing ideas, as to who
are and who are not successors to property, they
are altogether founded in error. In a community
where the soil, the equal and common property o
all, should be divided equally, and the equal por-
tions held by each member, for one year only^ what
member could say he had a successor ? Is there
any one on whom he could confer the right of Qi>
cupying that which, by the death of his own tenure,
he is compelled to vacate and .abandon ? Where
the tenure extended to the term of ten years, who
then would have a successor f If, indeed, there
be any at all, the community itself is the succes-
sor ; and there is no other. So also is the com-

121

munity the successor, and the sole successor, in
the case where the government is so organized,
that every member of it holds, property during his
life. At his death, it returns to the community,
and these, in duty to every member of which it is
conaposed, yield to them, at the suitable age, their
share of the common property, and secure to them
its enjoyment during their lives. There is, there-
fore, no such thing, then, as successor, in the*
meaning in which the word is received among men
at the present day. It is only a misunderstand-
ing of our rights that could have tolerated its use
or existence among us.

I have spoken, by way of illustration, of men
holding their right to property, on the same princi-
ple as that of a life-lease. In the further progress
of this work; it will be seen, that I do not intend
to recoj::mend any restriction on the sale of prop-
erty in perpetuity ; and yet the system which I
thus place before the world, will rigidly maintain
the principle, that no man or generation of men,
have property, or the disposition of property,
either as to who shall own, or shall not own it, or
as to the Use that shall be made of it, one moment
after they cease to exist. It is by the aid of mon-
ey, that this is to be accomplished. Thus although
I may have given to me, by the community of
which I am a member, for example. Section No.
46, in our diagram, I may dispose of it to whom
I will for a fair consideration, (and for none other) ;
and if at the time of my death, 1 retain the vahc

120

other person coining alter him, too, w91 be equal*
Ij free. Society^ thus organized, givei Mtiee to
all its members,"that they are to use th^ own in-
dustry, with a view to their own happineia ; and
cannot be allowed, on any pretence whatever,
whether of kindness or otherwise, to interfere with
others in the same pursuit. Under dieee ^circnm*
stances, then, no one would seek to acquire proper-
ty for the purpose of making it an instrument (to
be placed in the hands of children,) of dominatkm
over the children of other parents ; and every one
would be willing that all, in whatever age or ge-
neration they might appear, should have equal
possession of the materials of the world, and, of
course, of the means of assuring their own happi-
ness.

If any thing can add force to these observations,
it is, that as regards the prevailing ideas, as to who
are and who are not successors to property, they
are altogether founded in error. In a community
where the soil, the equal and common property o
all, should be divided equally, and the equal por-
tions held by each member, for one year only^ what
member could say he had a successor ? Is there
any one on whom he couTd confer the right of oc^
cupying that which, by the death of his own tenure,
he is compelled to vacate and .abandon ? Where
the tenure extended to the term of ^en years, who
then would have a successor f If, indeed, there
be any at all, the community itself is the succes-
sor ; and there is no other. So also is the com-

121

munity the successor, and the sole successor, in
the case where the government is so organized,
that every member of it holds, property during his
life. At his death, it returns to the community,
and these, in duty to every member of which it is
composed, yield to them, at the suitable age, their
share of the common property, and secure to them
its enjoyment during their lives. There is, there-
fore, no such thing, then, as successor, in the*
meaning in which the word is received among men
at the present day. It is only a misunderstand-
ing of our rights that could have tolerated its use
or existence among us.

I have spoken^ by way of illustration, of men
holding their right to property, on the same princi^
pie as that of a life-lease. In the further progress
of this work; it will be seen, that I do not intend
to recojumend any restriction on the sale of prop-
erty in perpetuity ; and yet the system which I
thus place before the world, will rigidly maintain
the principle, that no man or generation of men,
have property, or the disposition of property,
either as to who shall own, or shall not own it, or
as to the Use that $>hall be made of it, one moment
after they cease to exist. It is by the aid of mon-
ey, that this is to be accomplished. Thus although
I may have given to me, by the community of
which I am a member, for example. Section No.
46, in our diagram, I may dispose of it to whom
I will for a fair consideration, (and for none other) ;
and if at the time of my death, 1 retain the value

122

of it, in whatever it may consist, this talue.ia to
be surrendered up to the community fron whom I
received the section, and from the sale of which
I obtained it. If it be money, this money is to be
given up ; and this, it is to be presumed, is of such
an amount, as to be able to repurchase the section
in question ; (or another as good), and is, in fact,
in the nature of a mortgage upon it, the rigKt of
which is thus handed over to the community, from
whom the designation and appropriation to a par-
ticular person emanated. It is as if I had given
my property away, but some one, no matter who,
had given me money enough to repurchase it.
But the utility, and force of this explanation, will
be better understood as we advance.

In whatever aspect, therefore, we contemplate
the operation of wills, either of individuals or of
entire communities, in the disposition, as well of
that kind of property which is personal and exclu-
sive, as of that which is indivisible and common,
we are met by incongruities, absurdities, impolicy
and injustice, to such an extent, that it is much
to be wondered at, — that they should ever have
been tolerated among men.

In the case of the nation I am now considering,
I have thought proper to contemplate them prin-
cipally as commencing the occupation of the soil
allotted to them, at the same time, and as termina-
ting their existence at the same moment. This,
I linow, is not the ordinary phenomenon of actual
life. But principles apply, as well in this way, as

123

in any other. BesideSi I have the advantage, of
presenting . to the reader's comprehension, one
generation of men, occupying the earth, or a. por-
tion of it, for a distinct and definite period of time,
and then, in a body, giving way for a new genera-
tion. In this way, I make it more plainly appa-
rent, than I otherwise could, that one generation
should not interfere with another, and, in .this in-
stance, for this additional reason, becaitse it need
Tiot. v43 to the rights of each individual, in each
generation, as it regards those of anottfer of the
next, they are shown in the previous case — ^where
the world was supposed to be owned wholly by
one man ; there being, however, this difference,
' that they do not cover and claim so great a quan-
tity of property. There is no other distinction
between them. Their rights, their relations are,
every way, the same.

Nor, will these rights, either as regards genera-
tions, OF individuals, suffer any change, if we make
the supposition different. Thus, if half of a
given population were 'to die midway of the com-
mon period of their liv^s, and instantly an equal
number were to be ready to take their place ^ they
would have the right so to take it, and use the
property placed into their possession, as their pre-
decessors had done, for their own good, in con-
Junction with the survivors of the deceased. And
in so occcupying property to which they had suc-
ceeded, they would have the right to consider, that
they do it, in their own original right — and owe

124

nothiog therefor, either to those who luufe bten^
to those who are^ or to those who may be.

We may go yet farther, and suppose any and
every nation, at its fir.ot settlement, to hare a pop-
ulation as great as ever it can support, and as ever
will be desirous to draw support from its soil and
other resources. If now, a given, and, as near as
may be^ an equal portion of its population, be ima.
gined to die off, every day ; and if it be further
imagined i^lso, that a portion of new individuals,
so to call them, arrived at maturity, should ap-
pear, equal in number to the deceased, and take
their places ; this substitution of a new population,
thus daily, stipplying the waste of human beings
produced by death ; would make the nation per-
petual. And in the operation of this daily sub-
stitution, the same principles would bear sway,
that I have endeavored to inculcate throughout this
work; that of the equal rights of man to the pro-
perty of the crreat domain of nature. It is not
here the place, to say, how beneficially such princi-
ples would act in promoting human happiness,
should it be found that this substitution can easily
and happily be accomplished. It is enough now, to
observe, that they are our rights ; that they belong
to. every human being ; that they are not to be con-
travened, withheld or denied, among a people who
understand them, without incurring a terrible re-
sponsibility ; and that there is every reason to be-
lieve that a method \s'\\\ be devised, before the

185 - ^

omdoium oCtlui work» iiiuch ibaU aM^
jodifidiuJi all that lui rights and his happiaess
reqiure.

eHAFTER IV.

^ 31e Prapontian.

If I have seemed, to the reader, to uoderstand
myself ; if I have taken the worU^as it is ; aad
placed man, as it regards his rights to domioion
over it, where he ought to be ; it must be conce*
ded that I haye done much ; but it is also to be
conceded, that much more remains to be done, to
put the rightful owners in possession. Whoerer
looks at the world as it now is, will see it divided
into two distinct classes; proprietors, and non-pro-
prietors ; those who own the world, and those who
own no part of it. If we take a closer view of
these two classes, we shall find that a very great
proportion even of the proprietors, are only nomi-
nally so ; they possess so little, that in strict re-
gard to truth, they ought to be classed among the
non-proprietors. They may be compared, in fact,
to the small prizes in a lottery, which, when they
are paid, leave the holder a loser.

If such a phenomenon in the history of man, for
such is the situation in which we find him in 'all
countries and in all ages, could have possibly found
an existence, under a system that should have

126

given each inditidual as he arrived at thA age of
mataril79 as much of the property of tko world, as
any cotemporary of his, was allowed to possesi at
a similar age ; I say, if under such a system, such
an unhappy result should have arisen, as we now
see, aflicting the human race ; there would be
nothing to hope. We might despair of seeing
things better than they now are, and set ourselves
down in quiet content, that there was no remedy.
But when we see that the system which has pre-
vailed hitherto, and prevails to this moment^ is not
of this description ; that it acts on principles in
direct opposition to it ; that it gives to some single
descendant of some holder of property under Wil-
liam Penn, possessions of the value perhaps of a
milUon of dollars ; while, it may be, an hundred
thousand other inhabitants of Pennsylvania, col-
lectively, have not half that sum; and all thisy mere-
ly because of a few heads having been given to some
Indians f some ttoo hundred years ago ; how is it pos-
sible to have had a different result ? The system
is one, that begins, by making whole nations
paupers; and why should it not be expected that
they would continue so ? Indeed it would be a
miracle, exceeding every thing of the kind that
has ever been supposed to have happened, if we
had seen, from such an organization of things,
any thing but what we now see. .

The truth is, all governments in the world, have
begun wrong ; in the first appropriation they have
made, or suffered to be made, of the domain,

127

Qrer vrbieh they hare exercised their power, and
in thm.trmiimisiumottbia domain to their posterity.
H«re are the two great and radical evils, that
have caosed all the misfortunes of man. These
and these alone, hare done the whole of it. I do
not daiM among these misfortunes, the sufferings
with which sickness afflicts him, because these
have a natural origin; capable, however, of being
nearly annihilated bj good governments, but
greatly aggravated by those that are bad.

If these remarks be true, there would seem, then,
to be no remedy but by commencing anew. And
is there any reason why we should not? That which
is commenced in error and injustice, may surely be
set right, when we know how to do it. There is
power enough in the hands of the people of the
State of NewrYork, or of any other State, to recti-
fy any and every thing which requires it, when
they shall see wherein the evil exists, and where-
in lies the remedy. These two things it is neces-
sary they should see, before they can possess the
moral power and motive to act. I have succeed-
ed, I think, in shewing, for that is self-evident,
that man's natural right to an equal portion of
})roperty, is indisputable. His artificial right, or
right in society, is not less sp. For it is not to be
said that any power has any right to make our ar-
tificial rights unequal, any more than it has to make
our natural rights unequal. And inasmuch as a
man, in a state of nature, would have a right to re-
sist, even to the extremity of death, his fellow, or

128

his fellows, whatever might be their mmber, who
should undertake to give him less of Iha propertjr^
common to all, than they take each to themselves ;
80 also has man now, in society, the same right to
resist a similar wrong done him. Thus, to day,
if property had been made equal among all- pre-
sent, right would have taken place among them ;
but if to-morrow a new member appear, and pro-
vision bo not made to give him a quantity substan-
ly equal with all his fellows, injustice is done him,
and if he had the power, he would have the perfect
right, to dispossess all these who have monopolized
to themselves not only their own shares, but his
also. For it is not to be allowed,' even to a majo-
rity, to contravene equality, nor, of course, the
right, even though it be of a single individual.
And if, aione, he has not power bufficient to obtain
his rights, and there be others, also, in like condi-
tion with him, they may unite their efforts, and
thus accomplish it, if within their power. And, if
this may be lawfully done, upon the si^iposition that
yesterday, only* a government was made, and an
equal enjoyment of property guaranteed to all,
how much more propef is it when, unjust govern-
ment existing, it has never been done at all
When the whole mass of people, as it were,' nine-
ty-nine out of every hundred, have never had this
equal enjoyment, in any manner or shape, whot-
ever? If still there be those who shall say that
these unjust and unequal governments ought not
to be destroyed, although they may not give to

129

man, in society, the same equality of property as
he would enjoy in a state of nature ; then I say,
that those are the persons who, in society, if any
body^ should be depriyed of all their possessions,
inasmuch as it is manifestly as proper for them to
be destitute of property, as it is for any one else«
If slavery and degradation are to be the result, they
are the proper victiins. After an equal division
has been once made, there seems nothing wanting
but to secure an equal transmissicm of profierty to
posterity. And to this, there is no irremoveable
objection. For, I think 1 have succeeded in shew*
ing, that the right of a testator to give, and of au
heir to receive, is a mere creature of the imagina-
tion ; and that taese rights^, as they are called^
ought to be abolished, as interfering with the real
rights of the succeeding generaticm. Had it not
been for these, we should not have seen a Van
Ransellaer possessing that which would make
hundreds, and perhaps thousands,, of families as
happy as they could wish to be, and to which they
have as good a natural rights and ought to have as
good an artificial title as himself. It would be of
no consequence for him to say that he derived his
right from some old Dutch charter, obtained some
twenty years after Hudson's first discovery of the
river which now bears his name. The rights of
nature, which can never be alienated; which can
never pass out of our hands but through ignorance
or force; and which may be claimed again when-
ever ignorance i^nd force disappear; are superior

120

other person coining after him, too, will be equd-
ly frfe. Society* thus organizedt givei sotice to
aAits nienibers,'that they are to use tk^ own in*
diistry, with a view to their own hanfanem ; and*
cannot be allowed, on any pretence whatever,
whether of kindness or otherwise, to interfere whh
others in the same pursuit. Under these xircom*
stances, then, no one would seek to acquire proper-
ty for the purpose of making it an instrument (to
be placed in the hands of children,) of domination
over the children of other parents ; and ererj one
would be willing that all, in whatever age or ge-
neration they might appear, should have eqoal
possession of the materials of the world, and, of
course, of the means of assuring their own happi*
ncss.

If anything (^an add force to these observations,
it is, that Hs regards the prevailing ideas, as to who
are and who are not successors to property, they
are altogether founded in error. In a community
where the soil, the equal and common property o
all, should be divided equally, and the equal por-
tions held by each member, for one year only^ what
member could say he had a successor f Is there
any one on whom he couTd confer the right of oc^
cupying that which, by the death of his own tenure,
he is compelled to vacate and .abandon ? Where
the ten ure extended to the term of ten years, who
then would have a successor ? If, indeed, there
be any at all, the community itself is the succes-
sor ; and there is no other. So also is the eom-

121

inunity the successor, and the sole successor, in
the case where the government is so organized,
that every member of it holds, property during his
life. At his death, it returns to the con>munity,
and these, in duty to every member of which it is
composed, yield to them, at the suitable age, ihetr
share of the common property, and secure to them
its enjoyment during their lives. There is, there-
fore, no such thing, then, as successor, in th^
meaning in which the word is received among men
at the present day. It is only a misunderstand*
ing of our rights that could have tolerated its use
or existence among us«

I have spoken^ by way of illustration, of men
holding their right to property, on the same princi-
ple as that of a life*lease. In the further progress
of this work', it will be seen, that I do not intend
to recoi:tmend any restriction on the sale of prop-
erty in perpetuity; and yet the system which I
thus place before the world, will rigidly maintain
the principle, that no man or generation of men,
have property, or the disposition of property,
either as to who shall own, or shall not own it, or
as to the Use that shall be made of it, one moment
after they cease to exist. It is by the aid of mon-
ey, that this is to be accomplished. Thus although
I may have given to me, by the community of
which I am a member, for example. Section No.
46, in our diagram, I may dispose of it to whom
I will for a fair consideration, (and for none other) ;
and if at the time of my death, I retain the vahe

132

vrere born here too, of Europeans, and. that I be-
lieve without the Indians feeling that there was
any necessity to ask their permission. The In*
dians themselves, never dreamed, that the coun*
try was so exclusively theirs, when the first disco-
verers came among them, that beings so much
like themselves, mi^ht not partake of nature's
bounties in the same equal manner with them-
selves^ and only a mistaken avarice and supersti-
tion made them demies. If then children were
born of Europi^an parents here, had they also not
title ? If these questions are not answered to the
satisfaction of those to whom they are addressed,
whose fault is it f Is it not correct, for those who
claim title, to show evidence of title, when it is dis-
puted? Is there any exemption ? May one be
called upon to show his ri^ht, and another not f
Why then, is not title shown ? If it be conceded,
as I think it must be, that place of birth, cannot
give title to the Indians, to the exclusive posses-
sion of this whole country, what other iiile is there?
Do they hold it by deed from the Great Spirit ?
Where is the parchment that contains it? Wherq
is the table of wax? Where is the record in
marble ? Is title engraved on the surface of the .
earth ? Is it written on the face of the sun ? In
what other material, if there be any such, is his
pleasure made known ? Surely, if the right exist
at all, there must become means of ascertaining it,
some memorial of its existence. If it is not so ;
it is imfortunate enough ; for, even in law of the

133

present day, that which cannot be shown to exist,
does not exist at all. De non apparentibus^ et non
existentibusj eadem est ratio. How much better
would it not be, ta have said at once, *^ man has
'' his equal right to the property of the globe, (not
'^ of any particular country )~6e(;au5e he is borUy ra-
^^ ther than because of any circumstance attending
^^ his birth, such as the place, the parties present,
^^ at his entrance into life, particular parents, ra-
*^ ther than other parents, or iany other ridiculous
" reason whatever."

But admitting, notwithstanding all that has here '
been urged to the contrary, that the Ini^ians had
the right to sell, to whom it is said they did sell ;
yet, they could only sell as much as belonged to
them ; they could sell no more. It has been
shown, that the race of Indians then living, had
no right to sell, or convey away, that which be*
longed to those of their kindred, as a nation, who
should come after them. For it evidently belonged
as much to these latter as to the former. Having,
then, no such power to convey, they did not con-
vey ; although they might i\ave said they did con-
vey ; yet it is a false declaration, such as is every
day embodied into deeds, but nevertheless as false
as it is common. And inasmuch as they did not
convey; the pretended purchasers did not, and
could not purchase ; and of course, could not have
•owned ; and not owningj could have nothing to
<levise by way of will, to any successor, even if it
were not manifestly as impossible for them to will

134

away aught, which- they might really and truly
own, as it is for all other men*

Instead, therefore, of this gentleman^ or any
other person in similar circumstances, having any
right to complain of any dispossession of vast
estates, thus coming to him, bj what is called de-
scent, one would naturally think, that he ought to
congratulate himseli' that he has enjoyed the
sweets they have afforded him, so long ; and that
gratitude to, as well as a proper consideration for
the rights of, each individual, around him, should
make him acquiesce, in the decree of this commni-
ty, if they should think proper so to order, to sur-
render it up, preparatory to its being divided
equally among the whole, himself, of course, be-
ing one of the number.

So, also, if there be any individual, who has had
any connection with the gentleman, whose name I
have taken the liberty of using, in the way of the
common transactions of business ; and who has
thereby, been able to appropriate to himself more
than his natural and equal share of the property
of the globe ; such person, if he docs justice to the
forbearance of the community, is also under the
necessity, of feeling th&same sentiment of grati-
tude, that they have permitted him to enjoy, so
long, a greater proportion of the blessings of the
earth, than they have themselves tested ; and he
ought equally also, to be prepared to acquiesce, in
the same decree, which shall forbid him to not in
these superior enjoyments any longer.

135

It is of no avail, in the struggles of conscious
self-interest, for such an one to attempt to persuade
himself, that he would have fi right to disobey ^ch
a mandate of the community. In justification of
himself, if he should say, '^ I was more industrious
'' than others, more temperate, more frugal, more
** ingenious, more skilful, had greater bodily
^' strength which I did not fail to exercise, and
<' therefore, for all these reasons, I ought to be
*^ allowed to retain what I have;" could we not say,
it is not true f And admitting it to be true, that
he was equally as industrious &c. &c«, as, many
thousands of his fellow-citizens, would it not be the
most fatal argnment that could be urged against
him ? For if all these qualities, are to be con-
^dered as giving htm a title to his property ^ as he
calls it, why should it not give a title al^o to them,
to an equal possession with him ? And yet they
have labored all their lives, possessed all the
qualities^ that he lays claim to, and yet, have no-
thing ! 8u<*h is, at least, the case with the great
mass of mankind. And all the rich, we certainly
know, cannot pretend to be proportionally more
virtuous than they. The mere accidental circum-
stance, of having acquaintance with him from whom
he has drawn bis wealth, of having his confidence ;
of knowing how to take advantage of the situation
of all the particulam in any way concerned in the
operation of extraeciDg such wealth from its for-
mer proprietor: is not of such importance as to give
a right paramount over all other men, even if we

136

were to admit such former proprietor to be a just
and genuine owner. But such he evidently if not ;
and as such ; wealth derived from him, whoever
may have it, must be delivered up to the commu-
nity who are the rightful owners. A poisoned
fountain cannot send forth sweet waters ; nor he
who holds a vicious title, give a virtuous one to
another*

But, in some respects, the reasoning in which I
have allowed myself to indulge, ki the course of
the present chapter, is of a kind calculated to com-
pel me to blend two things together, which ought
to be kept separate ; that is the injustice and
enormity of unequal first-possession, and the ef-
fects growing out of it. The reader will know
what I call first-possession ; it is, that which the
governments of every country order to be given
to him who is so fortunate as to have what is
called a legator, whatever he shall have request-
ed, out of any thing which he possessed at the
termination of his life. The effects, of which I
spoM, as growing out of it, are, the additions
made to it, by acquisition, thro' the operation of
that state of things, where a few have all, and the
many nothing. 1 use the word legator ; but the
word donor is equally applicable ; since the'latter
gives the property, it may be, a few years sooner ;
the difibrence being only in time. It will be bet-
ter, therefore, to defer combatting any further ob-
jections, which will naturally arise, to that which
is yet to be proposed, until a full view can be faii4
by all, of the features it will exhibit*

137

So much has been Mud as to what really is not,
agd dMHild not be, that the reader is, no doubt^
prepared to anticipate, in part, what $hauld be ; to
foveeee the modification, which it is necessary our
Stale Goyemment should undergo, before the
rights of property, which belong to man in his
natui^l state, can be secured to him, in the arti-
ficial state in which society finds him,; and before
the rights of posterity can be preserved to them,
as they should' have been to us, for their own ex-
chisive use and benefit.

- This modification will be accomplished hy pur-
suing the following

PLAN.

1. Let a new State-Convention be assembled.
Let it prepare a new Constitution, and let that
Constitution, after having been adopted bj^ the
people, decree an abolition of all debl|i ; both at
home and abroad, between citizen and citizen;
and between citizen and foreigner. Let it re-
nounce all .property belonging to our citizens,
without the State. Let it claim all property with-
in the State, both real and personal, of whatever
kind it may be, with the exception of that belong-
ing to resident aliens, and with the further excep-
tion of so much personal property, as may be in
the possession of transient owners, not bein^; citi-
zens. Let it order' an equal division of all this
property among the citizens, of and over the age

12*

138

of maturity, in manner yet to be directed. Let it
order all transfers or removals of propertj, ex-
cept so much as may belong to transient owners,
to cease, until the division is accompliilied.

2. Let a census be taken, of the people; aacer-
taining and recording in books made for the pur-
posei the name^ time when born, as near as may be,
and annexing the age^ the place of nativity, parent*
age^ secc^ color ^ occupation^ domicil or retidenceand
time of residence since last (resident in the State,
distinguishing aliens from citizens, • and ordering,
with the exception of the Agents of Foreign
Governments, — such as Ambassadors, &c. that all
suck aliens shall be considered as citizens, if they
have been resident for the five years next previ-
ous to the time when the before mentioned divi-
sion of property, shall have been ordered.

3. Let each, citizen, association, corporation,
and other persons at the same time when the cen-
sus is being taken, give an inventory of all per-
sonal property, of whatever description it may be,
and to whomsoever it may belong, in his, her, or
their possession. Let also a similar inventory of
all real property, within the State, be taken, who-
ever may be the owner of it. And from these
data, let a General Inventory, be made out of alt
the real and personal property, within^ the State^
which does not belong to alien residents, or tran-
sient owners. To this, let there be added all prop-
erty in the possession of our tribunals of law and
equity ; and such State property, as can be offered
up to sale without detriment to the State.

139

4. Let there be^ next, a dividend made of tbia
amount, among all such citizens, who shall be of
and over, the age of eighteen, if this should be fixed,
as I am inclined to think it should be, as the age
of maturity ; and let such dividend be entered in
a book for the purpose, to the credit of such per-
sons^ male and female.

5. Let public sale be made, as soon after such
dividend is made, as may be practicable, to the
highest bidder, of all the real and personal prop-
erty in the State. Care must be taken that the
proper authority be required to divide all divisible
property, tliat shall require it, into such allotments
or parcels, as will be likely to cause it to bring
the greatest amount, at the time of sale.

6. All persons having such credit, on the books
before mentioned, are authorised and required, to
bid for, an amount of property, falling short not
more than ten per cent, of the sum placed to their
credit, and not cxceeditg it more than ten per
cent. Delivery may be made: of the whole, if it
be real property and the receiver may stand char-
ged with the overplus. If it be personal proper-
ty-— delivery to be made, only to the amount of the
dividend, unless it be secured.

7. When property, real or personal is offered
fur sale, which is not in its nature divisible, and
in its value such as to be of an amount — greater
than would fall to the lot of any one person — then
it shall be proper to receive a joint-bid, of two or
more persons, and these may purchase in con-

140

juDctioDy giving in. their namesy however, at the
time of aale.

8. Aa it regaK4> personal property, wlueh may
be secreted, or clandestinely put out of the way ;
order should be given, that from the time when
any Inventory, of any person's property of the
kind, is made out, up to the completion of the
General Sale, the owner should be answerable for
the fortb*coming of so much as may be left in his
possession, at the peril of imprisonment for four*
teen years, as is now the punishment for the crime
of grand larceny, unless good cause were shown to
the contrary. Similar punishment, also, should
be visited upon every one ^who, knowingly, gave in
a false or defective statement of the* property he
bad in his possession, or who, having received his
patrimony, goes abroad and receives debts or pro-
perty which the State has renounced.

9. As the General Sales are closed, their
nmount should be ascertained, and a new dividend
declared. It will then be seen how much this
dividend, which may be called a patrimonyy differs
from the original dividend. By comparing the
amount of each person's purchases with this pa-
trimony, it will be seen whether he is creditor or
debtor to the State, and how much ; and he will be
entitled to receive the same, or required to pay it
to, the State accordingly.

10. There is one exception to the delivering of
property to persons, who inay bid it off. It is to
those, for 'whom, from excessive intemperance,

141

insanity, oi: other incapacitating cause, the law
may provide, as it should, proper and suitable
trustees or guardians. Under proper regulations,
it should ^e entrusted to them.

11* While all this is transacting, persons al-
ready arrived at the age of maturity, and before
they can be put in possession of their own, patri-
mony, will die. Of these and others throughout
the State, a, daily register should be keift from
this time forward forever ; and so also should be
kept, another register of the births of those now in
minority, and of those that shall hereafter be born.
The property intended to be given to those who
shall thus have died, and the property of those
who shall have received their patrimony in conse-
quence of the Gieneral Division, and who shall die
before the first day of January ensuing, the com-
pletion of the General Sales, shall be divided
equally among all those who shall have arrived at
the age of maturity, between the time of taking
the Census aforesaid, and the first day of Jan-
uary just mentioned.

12. An annual dividend, for ever, shall be made
of the property, left, throughout the State, by per-
sons dying between the last day of every year and
the first day of the next succeeding, among those
who, throughout the State, male and female shall
have arrived at the age of maturity, within such
period: and it shall be at their optioDi after the
dividend is made, to receive it in cash, or to use
the credit of it, iq the future purchase of other

142

property, which the State will have conttantly on
sale, in consequence of the decease of other per-
sons in the ensuing year.

13. Property belonging to persons, m^ citizens,
but transiently resident among us, and dying here,
to abide by the laws which govern the State or
nation to which such person belonged, in the dis-
posal of property in such a situation ; provided
such State or Nation allows the property, or the
value thereof, of our citizens, dying there^ and
leaving property, to be sent home, to, abide by the
operation of our own laws.

14. Other States or Nations adopting.a similar
internal organization, as it regards the transmis-
mission of ^property to posterity, and consenting
to bestow patrimonies upon mioprs b6rn in this
State, (and whu shall prefer receiving them in
any such foreign State) upon their producing doc-
uments certifying the fact of their nativity, age,
&c. and that they have received no patrimony
from their native State : shall have the favor re-
ciprocated, under like circumstances: otherwise,
a minor born in another State must reside the last
ten years of his minority in this, before he can be
considered as entitled to the patrimony of a native
born citizen, and must mpreover be liable to se-
vere punishment, if, either after he has received
his patrimony, he accepts aught from his native
or other State, by way of legacy or gift ; or, be-
fore maturity, he receives such legacy or eift^ and
then accepts the patrimony in question«

148

15. All persons of full agey-^'^from abroad, Ani"
baMadors &e. excepted, resident one year among
usy are citizens, and niust give up ail property
over an ii'mount equal to the patrimony of the

State for the year being, unless such persons were
citizens of a State, acknowledging the equal rights
of all men to property, in manner the same as this
State is supposed to do.

16* All native born citizens from the period of
their birth,to that of their maturity shall receive from
the State, a sum paid by monthly or other more
convenient instalments, equal to their 'full and de-
cent maintenance, according to. age and condi-
tion ; and the parent or parents, if living and not
rendered unsuitable by incapacity or vicious ha-
bits, to' train up their children, shall be the per-
sons, authorized to receive it. Otherwise, guar-
dians must be appointed to take care of such
children and receive their maintenance — allow-
ance. They are to be educated also, at the pub-
lic expense.

17. When the death happens, of either of any

two married persons, the survivor retains one half

of the sum of their joint property, their debts

being first paid. The other half goes to the State,

through the hands of the Public Administrator ;

this Officer taking charge of the effects of all de-
ceased persons.

18. Punishment by imprisonment, for a term of
fourteen years, should be visited upon him, who,
during his life time, gives away his property to

144

another. Hospitality is of course not interdicted,
but charity is, inasmuch as ample protision will
be made by the State for such persons as shall re-
quire it. The good citizen has only to inform the
applicant for charity where his proper wants will
be supplied.

19. All persons after receiving their partimony,
will be at full liberty to reside within the State ; or
to take it 9 or its avails to any other part of the
world which may be preferred, and there to re-
side, as a citizen or subject of another State.

20. Property being thus continually and equal-
ly divided forever, and the receivers of such pro-
perty embarking in all the various pursuits and
occupations of life ; these pursuits and occupations
must be guaranteed against injury from foreign
competition, or, otherwise, indemnity should be
made by the State.

I have thus developed the principles of the mod-
ification which the Government of this State should
undergo, and the means necessary to accomplish
it, in order that every citizen may enjoy in a state
of society, substantially, the rights which belong to
him in a state of nature. I leave the reader there-
fore for the present to his own reflections ; intend-
ing in the next chapter to offer such reasons as
the subject admits, for enforcing the propriety of
adopting such modification, and of the means pro-
posed, of accomplishing it.

145

CHAPTER V.'

» «

BSSASONS

Ifi s^^ppoirt of a Oeneral Division ofPrt^ertt/f and
of the metfiod proposed to be pursued in effecting
itl

Xb offering these, reaioos, I ohall pursue, as far
as may be convenient only, the numerical order
observed, in tfae preceding chapter \ and in doing
so^ necessarily am called upon, to say why a
State-Convention is requisite* Without much re-
flection, it might appear, that as the whole ques«
tioil involved) is, whose is this property, and
whose this? and who shall have either or both, af-
ter the present possessor, or possessors have done
with it f that it was simply a question of mtijm and
txs^m*^ of mine and yourj, in the first instance ; and
in the second, another question, of the manner of
the descent of estates. Now these are subjects of
which the Legislature, have full cognizance, and
it would seem, therefore, to be lAinecessary to in-
terfere with the present Constitution, to bring
about any modification in these particulars that
might be desirable. But if my estimation of the
rights of property, is correct, it will follow that
tl'ie general and received opinion is wrong. I ad*'
jnit, even in a State of Society, man's equalright
to property, exclusive for all, if it be so for any,

and consequent upon this admission, his equal per^

lie

sonal rightB of every description. But this the pre*
sent Constitution forbids in|Various ways, and it is
necessary, thereforei to abolish it and make a new
one* For example, I prcqxme to put up at pubUc
sale, all the public lands belonging to, and with-
in the State, whether those adjacent to, and on
which are found our valuable salt-springs ; or
those that have been pledged by the Constitutioto,
to what is called the School-Fund ; or those be-
longing to the Indians. I would gi? e the same
rights of sufirage to the red man, the black man,
and the white man. I would lopposeevery thing
of privilege now disfiguring our present Constitu-
tion, in. whatever shape it might present itself^
for it would be in vain that we should equalise, the
Jirst possession of property, as I have heretofore
called that to which I afterwards gave the name
of ^* patrimony," if so soon, as we have done so, we.
set about giving privileges or charters ; the direct
effect of which is to disturb the equality we have
just created, by taking, property from some, and
giving it to others.

As to the Salt-Springs — ^there are those, no
doubt, who have made up their minds, from the
contemplation of ihingi as they are^ that it would
be impolicy, ever to suffer them to becoihe pri-
vate property. They would be in danger, such
persons think, from the tendency which wealth, in
a long course of time, has, to increase its own
amount in the hands of its owners, independent oT
political power, and for selfish purposes, of commg

117

oltjmately into few hands— and then extortion
upon the people, would be the immediate and cer*
tain consequence, if interdiction to the existence
of such an evil, were not written in our constitu-
tioo* But liere is a new state of things, it may
b^, about to come up* A state of things such^
that any one or more, of these Salt-Springs could
nerer remain longer at farthest in any one per-
son's possession, than the mature portion of his
life. It reverts then to the public— and in neces-
sarily transfered to other owners, as many as this
kind of property admits of, by the process: of sub-
division. That enormous and overgrown wealths
which would be sufficient to engross this valuable
property of our State, is only to be acquired by
tradsmitting the aocumulations of one generation
to another, in an hereditary manner ; and as the
state of society which this work presents to the
consideration of the public, is intended to prevent
this; there could not exist the remotest possibility
of their becoming the- property of persons so few
in number, as to destroy that competition between
them which is so indispensable to the production
of any commodity at the lowest price. Besides, it
is to be considered, that these springs are not on-
ly very abundant, but cover a great extent of coun-
try ; five counties or more being supplied- with
them.

If any on^ can possibly imagine that it is yet
practicable fbir^ese springs to fell into the pos-
session of a few handS) if the constitutional prohi-

148

bition were*renioyed ; such person maj see came
to doubt the truth of his opiniooi when he comes
tnaturely to consider the magnitude, even of their
present value, and the impossibility there will be,
of any person whatever, under the proposed
change in the affairs of our State, to obtain the
means of purchasing them, even iftheythauld allie
offered up for sale at a time, (after the first Gene-
ral Division,) a thing which can scarcely happen
even perhaps in the course of a hundred genera-
tions* For the value of these Springs is already
very great ; though I have no means of ascertain-
ing with any great accuracy, what that value may
be. In twelve years, coming down to the present
(1829,) the average duties that have been derived
from them by th« State, amouut tu ubout 975,000
a year. If we take the interest on the capital em-
ployed, at this sum aho, it will probably be not
far from correct : so that this item will afford a
tolerably correct criterion, for ascertaining the
value of the springs in question, according to the
present modes of appreciating property. Now
the capital necessary to.earnan interest of $75,000
a year, at five per cent, is no less a sum than one
million and a half. In the first General Division
of Property, if each person, arrived at maturity,
shoiuld receive $3,000, the aggregate property of
the State would amount to about three thousand
million of dollars, which is probably above its
value. How, then, will it be possible, for a man
having only $3,000« to purchase that which will

149

bring, a million and a half? Five hundred such
Bften would be requiflite. A number perhaps gre^t^
er than ii now engaged in the business of making
salt.

Mor can a foreigner, supposing him to have
enough to enable him to do so, come among us,
and monopolize, it* To do this, he must become
a citizen, for an alien cannot hold land. And
even if our laws, did admit aliens to own land, it
would be very easy, as it is also proper, to alter
them so as to forbid it. Bat a foreigner on be-
coming a citizen, must abide by the duties of a
citizen : and of course, must give up all he has
over a patrimony equal to that possessed by every
other citizen.* If, therefore* shoitly after having
done so, he should go forth and purchase such an
immense amount of property as the Springs sup-
pose, it would be evidence, that he had not sur-
rendered up all he had ; and such a transgres-
sion, would warrant his entire dispossession of his
purchase, and punishment in addition. In the

* Article 14. p. 142, provide! ; that the children of foreigners
einigcratiog here, and becoming citizens, shall be entitled to patri*
mony on arriving at the age of maturity ; provided they have resi-
ded in -the State ten yean immediately preceding. This is pro-
posed, rather as a principle of good policy, than as a matter of.
right, in him or her who may receive. And it occurs to me to sug-
gest tot inquiry, if it should not be thought worthy o^ being adopt- '
ed, how ftir it would be good policy to supply the deficiency, by
bestowing upon poor aliens becoming dtisenSy. or upon their chil-
dren, bom in a foreign country, the excess of property, which by
Article 15, is required to be glren up, by rich foreigners; on eodtii)^-
hereto be citit^ir.

150

ultimate fiiture progreu of thif System of the
Rights of i^Propertjr ; I do not anticipete tfaat it
wooM be' correct or proper, thus, to order a fo-
reigner to lay down all that he has, and take np,
only, so much for his own ezdusire usot as wodd
be equal to the patrimony of a person just ar-
ri?ed at maturity. It it proper on/y, when he comes
from a country^ tohieh does not acknowledge ike
equal rights of men to property. Coming from a
country which does acknowledge such ri^ts, and
which has giren him his patrimony, and to whidi
also, it may be, he has added the acquisitions of
many years of industry, it would be manifestly
improper, and contrary to the intentions of the
System recommended in this work, to touch a ceot
of it, so long as he lived, otherwise than in taxes
for the support of government. To do otherwise
than this, would contravene the spirit of the 19th
article, in the preceding chapter : — ^which allows
every receiver of his patrimony, to take it, or the
avails of it, to whatever country he shall prefer,
without molestation or hindrance, there to spend
his life, if to him it shall seem good.

There is another objection, which will present
itself to some. May not, they will say, a great
number of these proprietors, if they shall think
proper, combine to demand an extortionate price
for salt ? I answer, no. For then, as now, will
there be severe penal laws against all combina-
tions ; but then, more than now, will they be ri-
gidly enforced. Besides, to guard against their

]51

ill effects, it will be necessary te limit the number
of persons composing' associations even. And
this will be the principle of limitation :— no asso-
ciation, or combination of the exertions of any
nnniber of individuals, will be allowed at ailt for
any purpose, where the persons constituting such
numbeTf can carry on the business to which the
association would direct their \ efforts, as advan-
tageously for the public benefit, as well without
an association, as with it. Thus, it will be allow-
able for ten men to own a ship in company; for
they can own it in no other manner ; and can
employ it in no other manner; inasmuch as
it will cost so much, that no number less than ten
perhaps, can command means enough to purchase
her. But it would be manifestly improper to al-
low the combination to extend farther.* It would
be manifestly dangerous, to admit all ship-owners,
to. combine, and form a common treaty, to deiiiand
such price for freight, as such treaty should re-
quire. It would be as improper to allow all the
bakers to conspire to fix the price of bread ; or all
the millers to combine to say how much they
would^have for their flour. The operation of all
these fraternities of trade, would be to obtain
more than could be obtained of the whole commu-*

* Houses, particularly in cities, would not only be more costly
tban^ould comport with the means of a single family to purchase
a whole one; but they also, in many instances, contain room enough
to accommodate sereral. Tbey might, therefore, be sold in parts ;
and each purchaser own such pari, as npwi he owns the whole.

152

uity, if they did not exist. They would, therefore,
be supprefted, by direet and criminal proUbitioBy
as well in the case of salt, as in all other things.

It would be easy to show, niatheaialicaUy» the
utter absurdity, of the supposition, that any asan
could possibly obtain possession of sueh a vast
amount of property as the purchase of the Salt-
Works of this State, necessarily implies. In the
present state of the world, there are instances
enough, of single individuals owning from one to
ten and even more millions of dollars. But let
the system at present under conBideration, be sup-
posed to be introduced every where, and the case
would be very different. Although every man,
he who now has been able to amass his ten mil-
lions, as well as every other, would possess the
full exercise of his talents, his genius, knowledge,
industry, and economy ; yet, no one then could ex-
ercise them over the destitution of his fellow-citi-
zens, since such destitution would not exist ; and
of course, no opportunity would exist to obtain
enormous returns, for enterprize and industry.
And, even if there were such opportunities, the
great number of competitors, which a perpetually
equal division of property constantly produces,
would narrow down exorbitant profits, to that,
which is altogether reasonable. If it be said, that
all this is very well, on the supposition that the
System is universally introduced, but that it does
not apply till that period arrives ; I answer, that
it applies in part, and probably to a much greater

extent than at^ first thought may be imagixiecE. A
cargo of flour, it is true> might be boi^ht in New-
York for five dollars a barrel, and conreyed to
Lima (br instance, where it may be sold for sixty
dollars, owing perhaps, to a state of war ^d con-
sequent famine. Tet, if, in this State, the new
Systmn, were introduced, previous to this cargo
being taken to Lima, the exorbitant profits, real-
ized in the case before us, would be shared, in all
probability, by some ten, twenty, or fifty men*

It should be recollected, that equal property
being given to every human being as he arrives at
the age of maturity, would necessarily cause equal
education, instruction, or knowlege, or nearly
so ; and, mdeed, it is a provision of the system,
I support, that such instruction shall be equal, in-
asmuch as it is afforded at the public expense«
No one, therefore, could have the power, to make
his possessions bear on him who had none, for
« none such 'would exist. Nor could there be so
much difference in the riches of the mind, as to
afford an opportunity to him who should know
most, to extract property from him who should
know least. Under all these circumstances of
equal condition, as regards both property and in-
tellect, no one could by any possibility amass a
fortune greater than that of another, by any con-
siderable amount. To suppose the contrary,
would be to imagine that a man who begins the
world as every other man begins it, both as to
property and knowledge, equal with his fellows

154

liavtngy say f 3000, could yet, neFertheksSy obtain,
andobtaioy too, from bis fellow*beingt, for there
are none other of whom to obtain it, an increase to
this possession, say, if you please, of $3,00O,t)OO
dollars. If this were to be estimated, as having
been obtained, by labor, at the rate i^one dollar
a day, over and above bis expenditures, for his
maintenance, it would be equal to the labor of
three million days ; or ten thousand years pre-
cis^y ; reckoning 800 working days to the year !
Yet, the mature part of such a man's life, cannot
be reckoned with any propriety, at more than fifty
years ; and in many cases, at not so much as half
this term. Why, then, let me ask, should the la-
bor of ten Ibousaod yaars, be ^iven for that of
fifty } Why should it be, that the labor of some
thirty, or forty, or fifty years, of the life of John
Jacob Astor, for Uistance, should be paid for with
the labor of ten thousand years of his cotempora-
ries; and cotemporaries, too, of whom it may
certainly be said, that their labors, aud their lives
are quite as valuable, and meritorious in and to
Society, as his can pretend to be f Had the sys-
tem existed, which it is my wish to see introduced ^
such a thing could never have hi^pened in human
society.

Men starting equal in property and knowledge,
could never have been cheated or forced into any
such enormous injustice, as that of giving the la-
bor of ten thousand years, and more, for thtU of
fifty ! Nor, of course **^^M any man, John Jacob

1S5

AstoiSy or any other person ; starting with only his
equal patrimony, or perhaps with nothing, as he
may haye donot baTe come into snch enormons
posBossioiis ! It is only by mankind having mif-
fered gOTernments, to cheat mudi the greater
part of the posterity .who succeeded them, oat of
their, rights of property, through the instrumental-
ity of wills, that sudi enormous weialth in a'single
indiridoal, has been allowed to accumulate. It is
obvious; therefore, I think that no one, under the
new arrangement of things, could possibly obtain a
monopoly of the Salt Springs, or of any other pro*
perty, even for a single life-time*

After having thus obviated the objections that
may have seemed to oppose themselves to a pub-
lic Sale of the Salt Springs, thus making them
private property ; it is proper to state the objec-
tions that arise- in my mind to the State's retain-
ing them as public property, and leasing them out*
In the new order of things, men will be very much
disposed as they are now, to have what they may
call their own, during their own natural lives, and
which they may dispose of, whenever they shall
think fit, in, what nmy be called, perpetuity to
them. But if a lease be taken for a term of years,
that term may be considered judicious by some,
and injudidious by others, and unreasonable by all,
as no one can know, whether such term would be
the same as, or more, or less than, their natural
lives. If a lessee dies, and leaves a portion, of the
lime of the lease, unexpired ; such portion would

I '

156 \

not fM> readily obtain a porcbasery as if it irere ia
feoHiimpley (be it understood, howerery for the
torm of the purchaser's life, he continning still to
keep it c) Nor on the other handf if tbk lessee siur«
Tt?ed the expiration of his lease, would he feel the
same dispositioi^ to renew it, as he would to keep
it, if it bad not yet expired. Besides it is easy fa
imagine that a person, of the age of maturity,
may believe that he would best consult his own in-
terest, by investing his patrimony in one or more
of these Salt-Springs, and, it may be, for five or
ten years, remains, contented with his situation,
but at the time alluded to, perhaps, sees that he
could improve his condition if he could sell his
Springi^, as other land-holders sell their estates*
But if the man who would otherwise be the pur-
chaser, at a price mutually agreeable, cannot ha?e
them, for the term of his (the purchaser's) natural
life, it is an impediment in the way of a ready
transmission of property from one cotemporary to
another, frustrating as far as it goes, one of the
most important purposes of society ; to wit/ the
entire freedom of exchanges. I lay it down, there-
fore, that there should be no such thing as public
propertyfput out upon lease. 1st. because in the pro-
posed new modification of society, men will stand in
situations of equality with each other, which render
it incompatible with their private welfare : and 2d.
Because it has the unavoidable effect of diminish-
ing the quantity of the public wealth by obstructing
the facility of exchanges.

' 157

> Th» same, or rather nmilar objections present
themselves in regard to the retension of the pub-
lic lands, by what is called the School Fund«
Education is certainly and deservedly, a most im-
portant consideration with the people of this
State ; and there is no doubt, that the expense of
giving it should be borne by the State. But at
the same time, it would be manifestly improper to
withold them from the proposed Greneral Divi- '
sion ; since this is the best way of bringing set-
tless upon them, and thus making such of them
as are capable of it, valuable ; unless, indeed,^ it
be thought best to' submit them to the operation
of lea^e ; the objections to which apply with the
same force here, as to the Salt-Springs. Besides,
it is absolutely as ridiculous, for a State which as
competent to accomplish what it undertal^es to
accomplish, to lay by, a certain sum in one place,
for one object ; and a certain other sum, for ano-
ther object, in another place ; as it would be, for a
gentlemaU who knows himself to be able to pay
for whatever he shall call for, at a tavern, to have
money in one pocket to pay for hi$ glass of wine f
and in another, more of tUe same, for his erotic*^
ers and cheese. If the State or Gentleman, are
not able to pay for what they order, they should
not order at all ; but, if they are, there is no oc-
casion for two or more pockets. Let the School-
Fund then be annihilated ; and let a new and gene-
ral arrangement take place for providing a Trea-
sOry, out ef which, all objects are to be paid fo^

158

wUch the Legislature shall ordisr to be mccdm-
pUsbedy without having so many ridiealoiis and
imineaDiDg distinctions.

The present Constitution guarantees to the In-
dians of this State, the entire and ezduriTe porf-
session^ of what they, as well as the State, call,
their lands. Now, these, on the principles alrea-
dy indicated in this Work, are, of right, to be sur-
rendered up, in order, that if they be more than
their equitable proportion, some of them shall be
taken from them ; if they be less, then, that more
may be given to them, so as to place them on a
footing of equality with their white brethren, io
respect to both real and personal estate. To
break, then, this guarantee, it is necessary to te-
model the Constitution, and for this, a Conven-
tion is the proper instrument.

The same eternal and indissoluble rights, exist
Jfbr all : '* all men are created equal :" and nei-
ther governments, nor others, have any right, so
to speak, to uncreate them. The black man's right
to suffrage, being a personal right, is as perfect
as the white man's ; and, so also is his right of
property. But, if the present constitution existed)
and the colored citizen were put in possession of
his equal portion of the domain of the State, and
all its personal effects, he would not have the
same right to appear at the ballot boxes, as the
white man. It is necessary that he should have
such right ; for elsewhere there is no power, but
unlpivful force, with which be may defend his

- *

159

property • Those vAko eould go to the baUot-^oxtr
es, and put in their votes, could, by that yery act,
take it away from him, without his having a
chance to make reprisal or resistance* It would
be nonsense on the one hand to say, ** this is your
property ;'' and on the other, to tell him ; ** btft
you shall not have the same power to defend it, as
belongs to another." Nor, can it be pretended|
on any account, that what, some people call J^lt-
cy, should sanction the with-holding from the
black man, the same right of suffrage, which is
extended to the white man, by reason of the for*
mer existence of slavery among us. The num*
ber of colored people, in the State of New-Tork^
is very small, when compared with the . whit^
population. In 1825, the whites were about
1,570,000, and the colored people, about 46,000 f
so that there are upwards of 34 whites, to one of
the African race. A ratio so disproportionate as
to 'banish every thing like objection to give to
them a full enjoyment of their rights, from the
most fastidious mind.

But if the principle is to prevail, that property
is given to any human being, in the right fditdi
' such being holds to it, in virtue of his existence ;
and that the right of suffrage, being a personal
right, co-existent with the being himself, belong
to him also, as a means of its defence and preser*
vation, as well as of his personal liberty ; it fol-
lows that woman as well as man, is entitled to
the same right of suflhtge^ and ought^ cm no con^

160

to be deprived of it. It ii not necessa-
ry to say one word on the propriety or otility of
its exercise $ this is a matter to be left, whdiy
and exclusively to the judgement and pleasure of
her or him to whom such right belongs, independ-
ent and regardless, even, of the whole com-
munity.

To restore the right of suffrage, to those to
whom it has hitherto been denied, but to whom of
course it belongs, with as much propriety as it be-
longs to any one, it is necessary that the State
Constitution should be remodelled ; and for this,
in addition to the reasons already given, it is re-
quisite to assemble a new State Convention.

It will be right and proper to repeal all charters
of whatever kind they may be, and thus to consign
them to a grave from which there shall be no re-
surrection. But as I do not undertake to say that
any thing ought to be done, without giving a rea-
son why, in any case ; I shall not do it, in this.

In the first place, if property be equally di-
vided among all ; if all have equal personal
rights ; if administration of the laws, which of
course, are supposed to be made equal, is impar-
tially made ; what occasion is there, for charter r
Is it that more money, more profit, may be made
by the party receiving it, than could be made with-
out it f If not, what id it wanted for at all f And
if it is wanted for the sake of more profit, than
could otherwise be obtained ; out of whom, is it to
be made ? Is it not to b6 made, before charter be

161

granted, out of die community ? And after the
duurter be given, is it not also to be made, out of
the same community f And ia it, then, any benefit
to any community that such charter should be
granted ? Besides, where is the right ? Where
is the correct moral power, to compel any com*
munitf or any portion of any community, to pay
mote for a commodity or a service, in the presence
of a charter, than in its absence f And if the cor*
rect moral power, the honest principle of right, is
wanting to grant such charter, how have Legisla-
tures, legitimately done it ? How had they the
true power to do it ? For the true power to grant
a charter, or to do any other legislative act, is the
good of the whole community. But it is not to the
good of the whole community that they should be
made to pay more for a commodity or a service,
after the granting of a charter, than before it.
How then has any Legislature done it, with any
authorized power ? And if they hav9 granted*
what in fact they had no right to grant, is it a le-
gal grant, is it, generated, as it is, in wrong, in
power usurped ; is it, 1 ask, any grant at all f Is
it not a nullity, which stands self-revoked before
kn impartial community f Besides if the Legisla-
ture had no power to bestow any such supposed
charter, what right has the party receiving it, to
accept it ? Can the thief of power, give a valid
title to the receiver ot power stolen; any more than
he who has stolen goods, can give a valid title to
their receiver f Will not an impartial community

14*

162

wkkh puBiilies crime, and takes ohaife of die
public welfare, chastize the crimioala oa Iha ooe
hand, and break their charters on the other?

Of course I say nothing of charterst if a^j sach
there be, which do not, and are not intended Id
obtain, mora from the community than could or
would be obtained without them. These, at i^urt,
are harmless to the public, whether they be or be not
useful to those who receiTOthem. And to suppose
that a people ever intended to sanction any other
description of charter, would be to say no less than
that they were willing to give an express authori*
zation to others to rob them ! No constitutioD,
therefore, whatever it may say, can ever be sup-
posed to have had any such meaning, without sup-
posing a whole people to have lost their senses ;
and in such case, such constitution would be a very
bad fountain from which to derive authority.

But it is said that a charter is, or may be, a
contract made between the government, and the
Charter-party, for the benefit of the community,
and that, therefore, it is not to be broken. This
would be strange enough when the breaking of a
contract,' is a thing which is done every hour of
the day. What ! May not the Public Authority,
break its contract, with the Brooklyn Ferry Boats !
Why not ? Are they not able and willing^ too, to
mcdke good all damaged, which may arise in con-
sequence of any such breach ? Besides, how much
damage, does any one think, that it is possible, for
their proprietors to prove they sustain, merely be*

liSS

oam* they are deprived of tin power of prereocaig
oliieie grom carrying y titeeiy up e&xyer tkmnk$y
ibf Hew mudi daaiage tould the New^York
Gae Light Company ahow that they tnS&reA, if
such were the fact^ that others fiimidked light, ef
an efoal quality and nt a lowet price i I» aa in-
dtndoaly is a company wrang^d ; are they wjvittdy
becaute they are stripped of the power to commaBd
greater price, than honester competitors are wil-
ling to accept ? MoreoTcr, we are told, it is for
the htfntfit of the community. How is this ? In a
question of damages, between the community on
the one hand, and the proprietors of a charter, on
the other, might not. the community say, show us'
how much you have received at our hands, over
and above what would have been required of us,
at other hands, and then we will listen to you with
some patience. Till then your charter is revoked,
and you must be content to do business on the same
terms as other men ; that is, you must engage With
the competition of your felloV-citizens.

But some charters, it is pretended, have actually
done public service for which they have not yet re-
ceived the promised c6nsideration. The Manhat-
tan Bank, it is said, has furnished water to our
citizens ! And do not our citizens pay them for
it f And if they do not pay them, whose fault is
it f Is it because the c6mpany if reatrainedf by
their charter from asking such a price for it, as
will indemnify them ? If so, then, are such of our
citizens as thus receive water from this company.

164

recei?iiv >0^ ^ prieebelow its Vforth; md the re*
maiofter of the eommunity 10 making good the de-
fieieiieyy with profit to the company. Here then
ere features of iniquity which are suflicient to viti-
ate the whole charter» if there were no other. In-
afmudi as only B,few are benefitted, how can it be
said that it is for the benefit of the whole commu-
nity ; and if not, why should they be caUed opoD
to pay the consideration ? In truth, ia not the
claim for remuneration found to rest with the other
party, inasmach as they have been actually iiywtd
instead of being benefitted f If the fact had ac-
tually happened, that some Banking Institution,
thid, for instance, had constructed for the State^
the Erie and Champlain Canals, in manner as
useful and valuable as they are now, in consid-
eration of receiving a Banking privilege, extending
through all time ; still it would be competent, and
morally correct, in the present or any other genera-
tion, or the government which should act for them,
to repeal such privilege, and withhold it altogether*
A.nd all that justice could require at the hands of
the government, in favor of the Bank, whose char-
ter is supposed to be thus repealed, would be sim-
ply this : as much as they could possibly have made by
an equal application^ of industry^ talents and re-
sources in any other way. Then justice would be
satisfied ; for no one would be injured, either by
giving too much on the one hand, or receiving too
little on the other. For justice does not consist in
giving more for a commodity or a service, than an

165

equivalent. A prctmise to do more is an iigustic^
if it be fulfilledt to the promisor himself^ which he
has no more right to inflict on himself^ than op
another.

Bot; there is a Yory important reason why a
charteri which is pretended to be granted ybr tver^
ia onei which, of all others, with the greatest prcK
prietji may be doomed to immediate death. It is
because the authority granting, or rather [Mretendr
ing to grant it, has, and can have, by no possi-
bility, a right to make such a grant ; and, for the
reason that it extends its power oyer the succeed-
ing generation ; whereas it might at least seem to
be more plausible, if it only affected to extend
power over the generation then in being, and for
whom it pretends to act. But as to enforce the
truth of this remark, even with reference to go*
vernments as they are- now constituted, I cannot
use language or argument more appropriate, than
the following quotation, I shall use it, instead of
my own.

*^ There never did. there never will, and there
^* never can exist a parliament, or any d escr ipt ion
*^ of men, or any generation of men, in any coun-
*' try, possessed of the right, or the power of

binding and controlling posterity to the Md of

time^ or of commanding for ever how the world
<' shall be governed, or who shall govern it. And,

therefore, all such 4flai|ses, acts, or declarations^
'f by which the makers of them attempt to do,
'^ what they have neither the right nor the power to

((

166

** do, nor Che power to execute, are in ikemielves^
*^ null and void. Every age and generation must be
*^ SB free to act for itself, inallcaseSf as the ages

^* and generations which preceded it. The vanity
<' and presumption of governing beyond the|^ave>
'' is the most ridiculous and insolent of all tyran-
^* nies. Man has no property in man ; neither
'' has any generation a property in tiiei ^nera-
" dons which are to follow.*' — Fatness Works^
V. 2fp. 30 — Rights of Man.

If it were not arguing the question with too lit-
tle respect to the dead ; we might say, to all
thdse who are dissatisfied with the arguments
iEigainst the validity of charters granted in per-
petuity, which have, on a multitude of occasions,
been urged, by a multitude of writers of the great*
est talents; *^ inasmuch as it is neither the peo-
^* pie of the present day; nor their government,
** who have granted you this ancient charter ; go
'^ ye to your grantors ; go ye even to them ;
^' awake them from their graves ; and demand of
'^ them, either the fulfilment of their grants, or
** rofltitation in damages therefor ; for it is to
'' these, if to any, that you have a right to look
** for the realization of your claims; and not to the
" living. These have their ownf happiness to con-
*' suit, and know nothing of those, from whom you

•* pretend to derive your claims."
One of the most common objects for which

CkHlert are solicited is that of carrying on Bank-
Of apsntions ; and as these, in the way in which

167

they are conducted, are political machines by.
wbicb more interest is obtained for the use of mo-
n€y» than they could otherwise receive, (otherwise
they would not be wanted), they are objectionable
for the same reason, that charters for ferries, for
Gras Light, and for other purposes are.. But as to
accomplish their object they contrive, through the
assistance of Legislatures, who are often and pro-
bably always bribed in some way or other, to a
greater or less extent, to obtain possession, in
whole or in part, of so much of the Sovereign Pow-
er as is exercised through the coinage or the
Mint ; and as the real nature, of the use they
make, of such possession, is not so well understood
as . it ought to be, it may not be amiss, that it be
examined a little more in detail. It will serve to
make more heeded the warning which this work
gives, not to suffer such institutions as those I am
considering, to have existence in the system pro-
posed therein to the consideration of the reader.

In understanding this subject, as well as any
other, it is only necessary to dig deep enough to
discover the foundation ; to go back far enough, to
arrive at first principles ; and then, the plainest
intellect may be sure he does not deceive himself.
Let us now suppose the people of this State, to be
organized in manner — such as I have already sug-
gested ; that each has his equal value of property ;
that they are all exercised in the different arts,
trades and occupations, which they intend to pur-
sue; that they need perhaps, Roads and Canals^

168

Wbich are not yet constnict'edy but aimplf laid out,
ready to be completed : and that they hare no
money.. What is to be done? I Buppoaethem
to be well aware of the use, and importanee of
money, in effecting exchanges, by substituting its
agency, for the troublesome and almost ineflbctu-
al operation of barter. How may it be introdu-
ced? In one way, thus :

Government would possess, it may be supposed^
a gi?en quantity of silver which it would cause to
be made into coin of various sizes, ^uch as we
see now issue from the United States' Mint. And
no other than the government is supposed or al-
lowed to have any of this metal. So soon as this
coin is made in sufficient quantity, in the judg-
ment of the government, conveniently to answer
Its intended purpose, the operation of introducing
it begins. The public authority now addresses
each and every individual thus : ^* You are all
^^ equal, in rights of person and property ; you
'^ have each an equal interest in cutting' these
*' Canals, and making these Roads ; for, they are
^* for the common benefit; now, provide, each of
^* you, yourselves, with your own proirisions, imple-
^* ments, &c. — and come and labor either on those
^' public works, each an equal numberof days, until
^' they be completed ; and then receive, each of
<* you, an equal share,' by weight, of these pieces
-< of silver, large and small, and take them home
i' with you ; and, thereafter as you have received
'^ them, f^s it were, in satisfaction of jrour laboft

Ji.

169

^.direct or indirecti oq these Public Works —
^* though they are in truth* your joint property,
^'and as such are their own reward; yet let th^e
'^ pieces of silTer, pass from one to another, in
'^ lieu of barter, which you have heretofore prac-
^* tisodi as a full satisfaction, to wMch^ he it under-
^^ stood you all agree^ for what you wish to obtain
'^ or have to dispose of." In this way, may we
suppose, probably however contrary.to the fact,
that money was introduced among men.

Being once introduced, and each having an
equal quantity, the natural operation of the du'
veraity of occupations pursued by the different
members of the community, would be, immediate-
ly to render it unequal. One perhaps is an agri-
culturalist, and must wait the progress of the sea-
sons, for the return of his industry. In the mean
time, he pays away all the mone^f: he has, and
perhaps contracts debts, for article9 of necessity.
Others prosecute the arts from whiph returns are
had, hourly, daily, monthly and yearly. So that it
is impossible, after the reception, each of his own
equal share of his money, from the Public Authorr
ity, that it should ever be equal again, among
them, at any one period of time: though the total
quantity which each may possess in any one, two,
or three years will be as nearly equal as may be.
At least such is the purpose of every well found-
ed society.

Suppose, now, sopie sagacious, but avaricious
beings, finding how much the possession of money

168

4k!^-k Arc noc vet constructed, but um]
<«J^ K» feke conipleteil: and tliat
^MMe%. What tf to be done? I i
.V be «eil avntre of the use, and i*'
sKviNTx , m edieciiiijfr exchaafee^ fcr
j^t^H^. tVr th^" trva h le aome and
aI %'f>^mi^^'^ ^^^ haner. Vtmr -*
an!' I« ./>«f w^^r. Aiat :

.Mr m*iir iaii» taaa of «

><«^ )M« wmiaftHi th- .liamitii

>^ ^thit llaia the / assemblage

^a^ l^haiit 9X\\ . . aixuunisv, into the po

.voft iaMlrfp i- w the mana^^ineot , of a fie
tnnatulf the ^x>;\ Jeadf Would it not amount,
.% iHMikii'/ j.^iii action of the iX»:na§ro : to its utt.
^¥n|[tn< ^iii the iv:n:r:::v;:v : and to a co

^?*c^ . to a str.\- /:* K.re:: or, in ord

^ 4' • • .. all altorr-t %^ *^v.: .: :: not lead,

ju of a ! V t >• ,V: *,vj: cach individi

v.ijiuunii^ ^. ,• v> :v r <-.:ch Cha

JO Banv x^. f^ • ,% *i U^ calle(

'..^iigs to ■'■ •«.-. 'v iff! z-jj 7i.:.:V ,

171

IC-.

<&,

^9 fft; fiyNni Uie great majority of tlie
"^r tj^'braefitf tAe tnijui^ouf onil
^ a few; and it is this feature
'wful. It is as much «n/oi£^
nugh not in its form; as a
of the same holders for
and combinations of
' not failed to pun^
why charters are
lit having authorized a
o in principle as a private
.it consistently punish a trans-
«* .■nich they themselves are, in law

., particifs criminis; or in other words^
oKers ; though stern and rigorous justice de-
iDands, that they should punish those who receiue
an iniquitous charter, even, though it be from
themselves, as readily as they would any other
offence. But the government, if strict justice
were done, ought also to be punished in a similar
way. For the term government, in this case^
means simply the public servants. These latter,
therefore, as richly deserve punishment, as would
tke butler of a gentleman, who should give away
his master's wine, without authority to do so, to
Mme acquaintance or companion ; and it would
be singular enough, if this latter should undertake
to detain it, from the butler's master, and that on
the plea of contract I Nor would the matter ap-
pear any better, if another of the gentleman's
f^rvams, the hostler .for instance, should under-
take to play the Judge ; and to decide against h'm

170

!• renderad aneqoal, by tlie natoral aal w/Mrbid*
aUa operation of inevitable caniMe ; wl 'eoeing
boir eminentlj beneficial it is* in the tfraneiffitinn
of exehangee, over diat of barter } aikA having
aboy in their own handtt by the very attion of the
cauaes which they so well anderitailtl» an une-
qual p o wev i i on, for the time being, <tf the coin of
the ooontry» ehooldy by any means that they may
find sufficient to delude the judgement, or corrupt
the integrity of the govemioaent ; obtaia a charter
to deal in the precious metals. What might not
be expected to take place f To what calamities
to the public, would not such an assemblage of
nearly all the coin of the community, into the pos-
session, and under the management , of a few
bands, inevitably lead ? Would it not amount, in
fact, to a destruction of the coinage ; to its utter
banishment from the community ; and to a con-
sequent return to a state of barter ; or, in order
to ovoid such an alternative, would it not lead, to
the negotiation of a treaty between each individu-
al of the community not interested in such Char-
ter, and the Banlc itself, as it would be called,
whereby a price would be given, jfbr the use of 'that
which belongs to the public; which was made at
their expense; and which price, but for this
unlawful combinatidn of accidental holders of
the coin in question; could not, by any possi-
bility be obtained. I say unlawful combination,
notwithstanding it has a charter from the Govern-
ment. For it is evidently of that description,

171

which goes to injure the great majority of the
community^ for the benefit, the iniquitatis and
guilty benefit, of a few ; and it is this feature
which makes it unlawful. It is as much unlaw-
ful in its operation^ though not in its form; as a
combination, by agreement^ of the same holders for
the same purposes would be ; and combinations of
this kind, all governments have not failed to pun^
ish. The principal reason, why charters are
sought, is, that government having authorized a,
combination, the same in principle as a private
combination cannot consistently punish a trans-
gression, in which they themselves are, in law
language, particeps criminis; or in other words^
partakers ; though stern and rigorous justice de-
mands, that they should punish those who receive
an iniquitous charter, even, though it be from
themselves, as readily as they would any other
offence. But the government, if strict justice
were done, ought also to be punished in a similar
way. For the term government, in this case^
means simply the public servants. These latter,
therefore, as richly deserve punishment, as would
the butler of a gentleman, who should give away
his master's wine, without authority to do so, to
some acquaintance or companion ; and it would
be singular enough, if this latter should undertake
to detain it, from the butler's master, and that on
the plea of contract i Nor would the matter ap-
pear any better, if another of the gentleman's
servants, the hostler .for instance, should under-
take to play the Judge ; and to decide a^oivw^X VCv^

172

master, in favor of the illegal holder of the irine!
Tet a transaction of this sort, exhibits all the fea-
tures of chartered rights and privileges.

I trust, then, it is apparent to the reader, where
society begins as it ought to do ; that Charter or
combination, is the only means whereby can be
obtained a price for the use of money ; in other
words, interest. And these being both illegal and
improper, interest is also.

Let it not be said, that the holder of a piece of
coin, is therefore, owner, absolute owner, and has
an absolute right to do with it as he pleases ; to
withhold it from circulation, if he chooses ; to de-
stroy it. No such thing. He is absolute owner of
it, only toithin eertain limits ; and these limits are
prescribed by his relation with his fellow-beings,
through their common government. This coin was
made at the expense of the whole community ; and
was and is therefore^ their sole property* The hol-
der has only the use of it. And this use is, to su-
percede the necessity of barter in exchanges. To
destroy it, then, or what is the same thing, to "keep
it where it cannot be used at allf is to prevent such
use, and to frustrate the purpose^ the declared and
agreed purpose of its creation. Who, then, has
this right thus to counteract, thus to defeat, the
intentions of society? No one. But it may be
asked, may not the holder of a piece of coin, keep
it by him, /or any length of time j without use, with
the same propriety that the owner of a plantation,
may refuse or neglect, for any indefinite period, no

173

matter how long, to cultivate it ? I answer, ccr-
taiply. But I reply, also, that neither has this
right. The common property of mankind, when-
ever it is divided equally among them, I mean sub-
stantially so, is divided for some purpose ; other-
wise it would continue to be held in common..
What is that purpose ? Why, simply, this : that
each for himself may employ his industry to great-
er advantage, by consenting to such division of the
common property ; and agreeing, one to follow
one occupation ; another, another ; and so on ;
than he could possibly realize, in any other state
of things. Without such agreement, he would
necessarily be compelled to supply all his own
wants, by direct application of his own industry;
and this would leave him in a condition wretched
enough. To avoid such an extravagant waste of
his labor, he comes into society ; and agrees to
make hats ; if another will make shoes ; a third
produce wheat ; a fourth, bar-iron, &c. &c. and of
all these and more, each a quantity, of the articles
he produces, beyond his own wants, sufficient for
the supply of the wants of others. Here then, is
a contract, the fulfilment of which, requires, that
each make use of his faculties and resources for the
benefit of others. How then shall it be said, as a
' matter of right, that any one may leave his pos-
sessions, or his industry, unproductive i It cannot
be. Substantially, every man, upon entering into
society, agrees, to make his industry and his proh
perty, productive of a superfluity, for the use of

15*

174

others ; and others, in like manner, Ar kii use.
The obligation on any particular penoB, is not
specifici it is true, as to the objects to whidi the
application of such industry and possessbn is to be
made ; and the reason for this, is obrious enough ;
but it is nevertheless tmperioitf, it is mbsUmtiat;
and for no cause whateyer, can it in justice, be
suffered to be evaded. This it is, which is the
true Social Contract. *' Tou shall supply some
*^one of my wants ; I will supply some one of
''yours;*' and so each one speaks to every mem-
ber of the community. Nor was it, ever intended
that there should be one among them, who should
supply no body's wants ; no not even his own.
Money is necessary' to transfer these supplies,
from their producers to their consumers ; therefore
was it invented and prevpred by society ; and there-
fore, also is the purpose for which it was made, a
reason sufficient to forbid its destruction or retire-
ment from use.

But if all these arguments are not competent
to satisfy any one's doubts, as to the right he may
fancy himself to possess, to destroy, for example,
a dollar, which he has honestly acquiyed, let me
present him with another. I have supposed, in
the formation of the State in question, that a cer-
tain quantity of money was created and issued ;
and that, thereafter, no more was introduced into
the community. Whatever the quantity might
be, prices would soon find their level, and main*
tain it, until some cause should disturb it. If we

175

goa 8tep furtheri and imagine that our State has
no connecticm with any other State or nation, we
shall perceire that prices would remain without
fluctuation ; they would be steady ; and being so,
circulation would perform the greatest service for
the community, and all its members, of which it
is capable. Let us now imagine, that some one,
secretly and unknown to the goyernment, obtains^
it may be, silver quite as pure as that which the
government has issued, and makes an amount
equal to it, of othei coin, so exactly resembling it,
that it is not possible to detect any difference. It
passes, therefore, as government-coin. What
would be the effect of so doing ? Would it not
transfer, speedily, immense possessions into the
hands of such a person ? Would it not be pre^
cisely'the same thing, as if such possessions^ were
divided off to him in the original instance ? Tet,
we all know, in the original instance, the great
majority of the community, would not suffer such
person, or any other, to have them assigned to
him. Nor does the real silver, in this case, hap-
pen to have an effect, in any manner different,
from that which would be produced, by an equally
successful imitation of it by some base metal. It
may be more rare, more difficult to be obtained,
and thus it may be rendered less practuahh^ clan-
destinely to increase the circulating medium, but
it would not be the less counterfeit, in all the ef-
fects which it would produce, and which go to dis-
tinguish it from the legitimate coinage, first issued

176

bjr the gorerDment. Nor, is this traiufer of pos-
■eiiioMf to the spurioiit and unaiilhoriitd manu-
faetorer and iMoer of the coin in qtieitioii, the only
Ofil attendant upon the illegal introdnetion of it.
By oontinually varying the quantity of the eurcu-
lating meditini from iess to more, after priees
haTOonee fixed themselves and found their level ;
it disturbs such level, and bi;^igs about, in the
minds of the community, a constant uncertainty of
price ; and this is, always, seriously detrimental
to the progress of the labors of industry*

If, then, the addition; the unauthorised addition
of coin, which in every other intrinsic requisite,
except that it is not issued by the Sovereign
Power, is as good as that of the government, pro-
duces such effects, what will not be produced by a
contrary procedure f Will it not unfix prices, to
diminish the circulating medium, as readily, as
it will, to augment it f If so, no one can have
the right, so to speak, to annihilate his own dollar.
It is true, by so doing, he does not, as in the for-
mer instance, augment his own possessions ; but
he diminishes them ; and transfers the amount of
such diminution to the remainder of the commu-
nity ; and this he has no right to do, more than be
has to do the contrary. Justice belongs as much
to himi^elf as to another ; and he has no better
right to be its violator to the injury of himself,
than he has to be its violator in the person of
another.

If these observations, upon the theory of the

operation of moneji and, particularly, of augnien*
tatioiis to, and diminutions of, its amount, are well
founded; it would seem, that all the governments
in the world, if they had truly understood their
duties, in relation to it, would have declared the
precious metals, wherever found, to be public
property. In part, such declarations have been
issued, and acted upon; whether from a principle
of avarice, or from an enlightened understanding
of the propriety of doing so ; it is not now worthy
of inquiry. Spain, subsequent to her discovery
of Mexico and South America, at one time appro-
priated, to herself, one half of the nett proceeds
of all gold and silver mines wrought in these coun-
tries ; afterwards one third was accepted instead
of one half; and ultimately one fifths at which it
continued to remain, until she lost her dominion
over them. But the scarcity of these metals, all
over the globe, compared with the other metals ;-
the cost, hazard, and uncertainty of working the
mines that produced them ; the diminutions con*
sequent upon wear, losses in the ocean and other
places, where it is irrecoverable ; the appropria-^
tion of them to purposes of plate, and other uten-
sils ; the multiplied demands for them by modern
commerce, though a greatly augmented power of
production, by means of labor-saving-machines
and processes ; together with the additional fact«.
that while the precious metals are increasing, the
population of the worhl is increasing also ; all
these have conspired (o render it impossible, in

178

aojr period other than a very long one, consiBting
of some hundred years perhaps, to produce an
augmentation of apy more than a trifling compar-
ative amount. Had circumstances been otherwise,
government would have found it necessary to have
interfered; and to have declared, that they belong
inalienably to the sovereign authority; and of
course, that they were incapable of private appro-
priation or possession ; or to have fixed upon some
other material, as the basis of the circulating
medium*

It results then from this discussion, that banks
even for the safe keeping of coins of gold and sil-
ver, for these only are money, are institutions not
to be tolerated in any community, unless it be that
they be wholly divested of all private control or
management ; and have over them, officers ap-
pointed by the government, as is the case in Am-
sterdirih ; whose duty it should be to receive all
gold and silver, which any person may wish to
leave for safe keeping ; to keep it safe ; to enter
the amount to the credit of such person on' the
books of the bank ; and to pay it, in whole or in
part as the case may be, forthwith to his order, or
to transfer the credit of its amount, to him who
bears the order, on the same books, and for sim-
ilar purposes.*

But we live at present under governments which

* Haiiiiltoii*8 ftiepart on the subject of the National Bulk,
1790. p. 34.

alioiv of the receipt of money, for the use of money ;
iq common language, interest* That this is alto-
gether, an injustice done to him who pays it, and
a crime in him who receives it, will be evident
enough, if it is not so already, in the further pro-
gress of this work. But as there are too many
who suffer under the grinding oppressions which
Banking Institutions are inflictmg upon them; and
who yet consider, for reasons, which, for the mo^
ment are satisfactory to them, that they are a bles-^
sing to them, rather than otherwise ; and as it is
both necessary and proper to undeceive them, it i^
expedient therefore, to investigate the operation
which Banks infallibly have to make worse even
the present condition of things.

To understand this operation, we mu^t go back
to a period anterior to the creation of any Bank,
and compare the state of things then existing to the
state subsequent to such creation. If, in that ear-
ly state, comparatively speaking, (for banks are of
quite modem invention, and as for as it regards
the greater part of the world, are utterly unknown
to them, even now) the rate of interest was allow-
ed to fix itself, as now, in commercial transactions,
commodities find their own price ; then it would
manifestly be an inroad upon the fair principles of
trade, to allow the lenders^ by means of a charter,
or any other process, to combine themselves to-
gether, for the purpose of destroying their own com"
petition; and thus enabling them, to obtain more of
the borrowers^ than they otherwise could. SA^V^.

180

a GOmbination I have already shewn, wbellier with
charter for its protection, or without it, is as just a
subject for punishment, as would be any similar
oombination of freighters, bakers, butchers, cloth*
iers, &c« ; inasmuch as they are all conspiracies
ibr extorting more from the community than they
could*otherwise obtain. In their effects and char-
acter, they do not differ from a man who should
make a garment at a price, such as equal competi-
tion compels him to accept, and who afterwards
should way-lay his customer, and with a pistol at
bis breast, compel him to hand forth as much
m(M^e as would make him the master of as much
money for the making the garment, as he could
have obtained by being one of the combination.
And as one is punishable, so ought the other to be,
in an equal degree*

But Banks exist, as it regards ourselves, in a
country where the rate of interest is fixed by law;
and where, in name^ they do not dare to take more
than the legal rate of interest ; but where in fact,
they do. How is all this accomplished f

It is sometimes attempted by unthinking men,
to say, in relation to the interest taken by Banks,
that it is not usurious ; that it docs not exceed the
limits of the law* Why then, I ask is a Charter
wanted ? Is it to allow them to take less ? Are
the money lenders, when the rate of interest is fix-
ed at, say, seven per cent, apprehensive of insult-
ing the majesty of the law; of trampling upon the
rights of others; if they should happen to take three

181

jD^ cent? The matter must be explained ou
other principles, before an inquiring mind is satis-

The truth is, they issue notes of an amount
greater than they have gold and silver to redeem
with ; and yet promise to pay such notes on
demand ! On these notes which they so issue,
they reeeive interest, as though they actually were
so much gold and silver : whereas, if they were'
called upon to loan this quantity of gold and sil-
ver, they would be obliged to say ; *^ We have it
not ; we have only so much." The usury consists,
then, in drawing interest on that which is not mo-
ney, and is lent ; together with that which is both
lentf and is real money ^ in effect ; inasmuch as there
i^ specie ready for its redemption.

Thus all the Banks, in the State of Rhode Is-
land, collectively, as appears by some late returns^
have lent out, their own notes and have of them,
HOW in circulation to

the amount of - - $887,969 17
Whereas their specie to re-
deem with, is only - 357,S12j 07

Thus drawing interest oa

the sum of - ^ $530,357 10

more than they actually have it in their power to

- lend ; and of course, more than they have lent.

The banks in the State of Georgia, by some late

returns, appear, collectively to have in circulation,

and of course are drawing interest upon them,

1S2

noua of the amount of • $2^243482 4A

While their epecie to re-
deem with b only - 012,067 65

Thus in this iottanee drawing ia-

tereal on the sum of - $1,891,394 79

o?er and above what the borrowess actually re-
ceive at their hands.

The Chemical Bank in this city, preients great-
er enormities ; and the Dry' Dock Bank, still
greater yet.

The former, that is the Chemical, is drawing
interest on notes of its own, lent out to its custo-
mers, and which are now in circulation, to the
amount of - * - $155,164 00

And its specie to redeem with

amounts only to - - 20,094 47

'J'he excess is - - - $185,069 53

The Dry Dock Bank has notes in circulation,
<iu which it is likewise drawing interest, to the
amount of - . . j( 158,100 00

Whereas its redeeming specie

is only - - - 8,476 5ff

Leaving an excess of - - $149,623 45

Who is it, that would not understand this nsmry,
if it were presented to^him, in the following man-

183

ner ? That is : let him go in the name and be-
half of the whole community, and borrow, of the
Dry Dock Bank, their $8,476, and 55 cents in
specie, and give his note for the return of it at c^
future day ; and another note also for the payment
of interest, not on the specie borrowed, but on a
greater swn^ in paper, in promises; a sum amounting
to $158,l()t>. As it regards all the interest which
the Bank would have in such a transaction, it
would be altog^her a matter of indifference, with
themywhether the paj^er, the jpromisesy or auj part
of them were ever taken out of the Bank at all, or
not. Hiey, on $8,476, and 55 cents, would receire
the interest which would become due, on $158,100;
more than eighteen times the amount of moneyi
which they actually lend ! Thus, while this com-
pany is doing a portion of the ordinary business of
life, connected with the cbmmercial marine of the
country, and so far as this goes, performing the duty,
and nothing more than the duty of good, and usci-
ful citizens, on the one hand, yet on the other, they
are receiving over 18 times the legal interest on a
sum of gold and silver which they happen to have
in their possession !

Let him go in the same way to the Chemical
Bank, and on their $30,094 and 47cts. in gold
and silver, pay the interest , (more than seven times
what it should be,) accruing on 9155,164. Let
him borrow of the Banks of Georgia, their specie
$672,087 and 65ct6 : but pay them interest on
more than three times its amount; aay^ QTi^

$2,248,482 and 44et8. Let him last tfaU pro-
cqbSI to Rhode Island and borroir theiv specie f
saj $857,612 and 7cts. and paying inleiAKI on
$887,969 and 17cis. come home again, aaAaik
himself, if he does not anderstand how this- osor;
is obtained ?

It would be no denial of all this vsnij, to say,
that no one is obliged to pay it. As king as it is
paid or received, usury exists. And, besides, it *
is a compulsory usury; inasmuch as all the money
of the community, that is the gold and niver, is in
the bands of these incorporations, or noarly so ;
and there are but two ihiogs to be done ; one is
to gp without money altogether, resorting to bar-
ter again; and the other is, to take the falu
money with the genuine, and pay interest on
bothi.

And now that he has done all this; fet him re-
flect that it is precisely the course a private usur-
er pursues,, when he wishes to obtain more inter-
est than the law allows him ; except, that two
notes are drawn instead of one. He gives for ex-
ample, his thousaml dollars in s^\A and silver ;
and takes, privately and secretly takes, in the ab-
sence of all witnesses, a note of the borrower, for
some twelve or fifteen hundred ;. as may bea-
greed on ; paying interest on the whole. It mat-
ters not to the merit of the question^ in what jfbrvi
or shape it is accomplished. The same effeet be-
ing produced, the same character attaches. Nor
does it alter any thing, 4;o . say that the private

185

usurer's ttote, which he receives of his borrower^
does not enter into circulation. For the fmb-
KQ^good, it is not necessary ; although, even for
thatf its intrinsic worth is such, as equally to en-
title it* Without it, and without also, any of the
notes, now in circulation, suns would rise and set ;
the wants of hunger and thirst be satisfied ; all
the transactions of man, would go on, as we}l with-
out, as with them ; and the proof of this, is, that
before Banks existed, such was the fact; and
that where Banks do not exist, such is the fact
now. A Bank, therefore, which lends more of
money, than it actually has, or pretends to do so,
for it is of such Banks that I complain even as re-
gards the present condition of things, is actually
contravening all laws which go to restrain usury $
and ought to be punished, and have its charter
broken.

But, the want of circulation, need not be an ob-
jection to the private usurer's transaction being
considered as of the; same character, with the
transactions of ordipary Banking. Let now, a

Bank be supposed to be authorized, the Chemi-
cal Bank, for example, to take its $20,094 and
47ets. in specie, and add thereto enough of base
metal, to make of it, an amount equal to their notes
in circulation, to wit, $155,164. Let these be
lent to the Community ; let interest be paid on
the counterfeit dollars; let them circulate from
hand to hand ; and, the ejSect is precisely the
same as the present paper system of Banking.

16*

186

la both tbete oiiet it wezpacted, anKlM result
is alfliMt mnlbrnilj to, iImh the iwr wtwH l>iiig
theoi ia agam, aad pajr the iterail Ifcii'ijll^^a^il
thera if aoaeeanoB for the iwiaerg, la f>aflii|)toJ
aioaey with whieh ta ezehaafe tUiit aa it-
maad, if it were ewa ta be admitfed thej had the
ability ta do ta. Her^ aleo, asoiy ie as jttin as
the sua at aooa-day ; aad here, there is aa waat
of eireohitioa.

Betides, a word more may be added as to this
amtter, of the circulatioa of Baak notes ; siaee
the apologittt of Baakiaf lastitatioas, adien hard
pretted for argameat, do aot fail to nsoit la it.
Let it be underttood, thea, that iaterest is act paid
to them for theur aotes, merely beeaase they are
circulated ; bat, because they are loaaed. The
borrower may, if he pleases, lock them up ia hb
bureau ; but the Bank of whom he borrowed them,
will nevertheless, demand their interest. Be-
tides, if any one. is to be paid any thing on ac-
count of the circulatum of the notes; it is the bor-
rower who is to receive it, and not the Institution

of whom he borrowed : for, he it is who circula-
tes them ; and who borrowed them for that very
purpose. Otherwise, he would not have borrow-
ed them at all. .

But, some are ready to say : '* well, it is in part
^' as you represent; but, may not a Bank loan out
'* its credit, and draw interest on that?" I ansvrer,
no. But if one Bank, or one person, is entitled
to draw interest on credit, so also, does the right

187

to do 80, belong to another. Now, if John Jacob
AaMtf who is able, any day, to buy five Banks
like the Chemical, fbould go^to it, and say, ** lend
me 9155,164;" there is no doubt, they would ac-^

commodate him ; that is, they would lend him
their notes ; and he, in return, would give them his
note, payable at a future day^ Now, I ask, why
should not John Jacob Astor, receiTO interest on
the note which he gives to the Bank, as well as
pay interest, on the notes they give him 9 Be*
cause, it is said, they are payable on demand. So
far as $20,094 and 47cts, will go, they are; iut
no farther ; all else is simply a promise to pay on
demand ; but a promise, likewise, which can ne»
ver be realized ; and, therefore, a false promise*
It is manifestly b, false promise, inasmuch as, if the
same demand were made on all the Banks, at one
and the same time, they could not help one ano-
ther, to make good the promises of any one of
them ; and for the single reason that the enemy
would be at their own doors too. If, therefore,
there is any good reason why John Jacob Astor
should not receive interest, on all but the $20,094
and 47cts. it is certainly, because of this false
promise ; for a true one, it never can, and never
was intended to be.

So the laborer, for example, or any one else
who should have transactions with him, to whom
John Jacob Astor should give one or more of
these paper dollars^ in payment for some service :
might say, '^ Sir, this is not money ; it is only a

IfiB

jfrcmii^ ot mooty ; it m Mvnethiog tf slii^ I
^* nfajf gin th^ credit of iti bumg mpig: fir but
«« Mftrth^laM, OBtil I bom h «|BMMI|f«MI|iMd
<V^iftoimnw»I ezpoa iiiiereft u ro^ni^^lb
<< lowed to ma OB ki amoniit." No nnnjutimrt^
jo^ to the fifffmif of tills expeetoliQ%.. Wmim,
Jolifi Jaqol). Aitpr pofo #«travagaiit and, Monom
ifllltereit to tho ClMo»ical Bonk ; s^ all who timo-
lact any monej butineie with him, anift expect
to pay a pcurtion of it. If tbey do not then, John
Jacob must pay it all ; and in thi9 event, ho would
not long remain solvent ;.he must sooat lneeoflM
reduced to poverty. It is thus we see bow every
man is mad|9 to pay a share of this usuiy. .

It is evident, therefore, in whatever view we
comtemplate Banking operations ; that they ag-
gravate the evils of the present system of things ;
and that of course, they are more particularly to
be excluded from admission into any system which
lool^s, in the first place, to the propriety of giving
to all men, their equal share of the property of the
State ; in the second place, to the transmission of
the same equal share to posterity ; and in the
third, to their preservation from all disturbing
causes. A State-Convention, therefore, would
have the power of expunging all permission to
any Legislature to erect any chartered corporation
within the limits of the State.

It may be said that the exception I make taall
Chartered Corporations, would go to divest even
our City Corporations, of the power, of repairing

i8d

our streets, or even locating a lamp-post. . There
is no doubt very great propriety, in hesitating to
give' any such body any considerable exercise of
power.^ If it had not been felt to be so, our State
Authorities would have given to our Common
Gouoeil, the power to have collected taxes, from
the citizens ; to cut through private property foi^
the purpose of making new streets ; and to have
done many other things, which they cannot now
do, without first obtaining the consent of the State
Authority. Our Common Council, now, in all the
most impot tant subjects of legislation, is nothing
more than a large committee, as it were, appoint-
ed by our citizens, to investigate public affiurs; to
report what is or is not expedient to be done; and
to ask of the public power, to give to their re-
quests, their approbation. That they may yet have
too much power in their hatods, for the public
good, I do not doubt. But the view I have been
taking of Charters, is of a description dissimilar
to these. It was, of Charters, which undertake
to give exclusive privileges that I spoke, and not
of those which delegate, as it were, to a County,
that portion of the Sovereign Power, which takes
due care of the roads passing through it, &c. &c.
though even, here, care should be taken that such
delegation be very limited aiid judicious. I even
venture to hazard an opinion, though I have not
I confess, reflected very maturely on the subject^
that it would be quit^ as beneficial under certain
circumstances, to qifiiqtain the Legislature }n

190

perpetual lessioiii to dUy|iiae of even allfur Coun-
ty mirtt«ri} as it is fie kur^ ifaam
t)Mj now aro* I know, it wouMinr
tbqr couUf nevqr have time* Nor ' iw^ofttJPMU
thejy if a whole winter'^ Seisieny we#fct»Ai u Ji'
mribed bj digcumons on Bank B^lllH^4p||hMll
other fttbjeetfli at are ii)tended ta giia «aqh||p^
prifileges: — ^Birt^jf these, which abBorb eMW7
great a portion of the public time» were fay ear
State Conatituiion to be intei dieted} even from
diicuiium there, as it is very proper they Aould
be, the case would be very diffiurent* . ^.^^^

In relation to Charters, Mr. Paine Myt|f.;f^ Jt is a
'' perversion of terms to say, that a Charter gives
'' rights. It operates^by a contrary effect, that of
^' taking rights away. Bights tire inherefUly in all
'* the inhabitants ; but charters, by annulling those
^* rights in the majority, leave the right by exclu-
'' sion in the hands of a few. If charters were
^* constructed so as to express in direct terms, thai
<< every inhabitant who is not a member of a corpora-
^^ tionj shall not exercise the right of voting ; such
'* charters, would in the face be charters, not of
^' rights, but of exclusion. The effect is tlje same
^* under the form they now stand ; and the only
*< persons oi| whom they operate, are the persons
^' whom they exclude. Those whose rights are
'^ guaranteed, by not being taken away, exerdse no

^Rights of Man, pa|;e 902 vol. 2, of bit Works, pujblidied is
FhUadelphia, 1797. /

191

'^ other rights^ than a»ni#mbers of the community
'' they are emitted ta without a Charter ; and,
<< thm^ore, alf diarters have no other than an in-
'< direct negatire operation.''

I ittay apply these remarks and illustrate them
by exifbiples very near home. The Brooklyn
Ferry Boats or rather their owners, by means of
their Charter, prevent others from carrying passen-
gers ; whereas they could and would do it, without
obstruction, and at a cheaper rate ; but for this
Charter. The New-York Gas Light Company,
supply gas-light to citizens, within certain limits,
and have a charter to prevent any one else from
doing it within such limits ; although but for this,
the consumers of that article, would be furnished
with it, for less money. The Dry Dock Bank has,
among others, an exclusive right to combine for the
purpose of drawing interest, at the rate of one
hundred and twenty or thirty per cent per annum,
upon its gold and silver money, while 'private per-
sons cannot comiine, and can only receive seven per
cent. Nor can this institution pretend that it is
justly invested with that portion of the Sovereignty
of the State, which resides in the mint, even sup-
posing our State Government to have any sove-
reignty in the matter at all ; because to furnish
the community with a paper, medium in this way,
even allowing the State, for its own sake, to de-
sire such medium, is to do it under circumstances,
which give one lender of money only seven per
cent, per annum, and another, one hundred and

twentjiior thirty ; « Afltare of injutitBi^' Wiiieh^
goet at oneo todeclareitlMi Chatltr umB jai ynid*
B««deiS if we atk thif wmpaflyr irtiatJfe ' H ^ i un ^
nderatum oo which th^ pretaad tlM||;hwrw die
ri|ht to draw from this Commoiiitj, ulMrtil.owa
gratoitoQs and &lfe mm of nearly 9|MMI0&}
what will thqr«iqri' Why, that in oidivtb mduir
theee notes for the benefit of the coflMuiitof/fUi
they are lUiely pretended to bfy^fhey lave gone,,
in the first instance to the enormooe eapenae, in
paper, {dates, dee* dec, of $S,77<I; and 82 eents,
with, in addition, a few annual contingeMes | and
that for this, thiqr are to receive, by wayofdnte-
rest, aboYO $10,000 a year, forever !* I ,

It b against Charters such as this, that my re-
marks have been directed ; and not, against City or
County Corporations ; which being confined with-
in very narrow limits, are meant to act on sulqects
of general interest ; and never on those of private
and personal concern ; though, as said beibre,
6ven this is not to be done, if the sovereign Pow-
er, can as conveniently do it, in its own right and
action ; and such will probably be the case,
whenever men shall have been made equal, as well
in property as in other things ; for then, will any
and all perceive that it would be, even if they de-
sired it, out of their power to obtain the wealth of

* See their Report made to the Jjegislature, lately, whsre
their contiiigeiicios are pot down at $1,790, and 97 eontt v
and the other item as above.

1^3

otlieve by any indirect exertion, and of course the
lime of our Legislatures, would not lie taken up
as it 19 DOW, in discussing subjects ; which could
not then be allowed to result in any ultimate e^cis-
tence. All incipient operations, for improper ob-
jects, and the time ihey now consume, would there-
fore, be superseded by occupations directed to ho-
nest and uiieful legislation. And it can scarcely.
I think, ba doubted, that our Legislative agents,
would then find time enough to do, all that is
wanted to be done. Government would then be
aplain thing, as Steift says, and fitted to the capa-
city of many heads.

Nor can it he said, I apprehend, that because I
ullow ten or twenty men, as the case may be, to
own a ship, or a steamboat jointly, that I contra-
dict my own arguments, against the propriety of
allowing charters of incorporation. These asso-
ciations, it will be said, are essentially institutions
of that description. This, however, is a mistake.
In the first place, if we are to have an equal pos-
iession of property, at all, in what may be called
the morning of life, it will happen, that we must
own property jointly on many occasions, or ccaso
to have, existing among us, many kinds of proper-
ty, which we now consider as of the utmost im-
jiortance. It results, then, of necessity, that these ■
Associations should exist. And, of the kind I am
now speaking of, a Dry I>ock, such as has a Bank
Charter attached to it, and whose operations, in
tluB city, I have made the subject of observation,
17

104

if an example. AH that we have to do, ik in-
grafting these small associations into oor political
fidl^ric, is to see, that we obtain all the good effects
we desire of them, and that we take care that they
produce injury to no one.

And in relation to the necessity of owning many
kinds, of property jointly, through the agency of
Associations ; it may not be without its use, before
going any farther, to remark, that there is, per-
haps, no kind of business now carried on in hu-
man society, in which the number of persons em-
ployed therein, would not possess, if the proposed
new order of things was established, a sufGciency
of property to make themselves, the owners of all
that is necessary to carry it on. Thus, a ship has
such a number of men, that they, with their a-
mount of property, would be able to purchase and
own it. A steam-boat, would, most likely be in
the same situation ; more particularly if all the
persons who are immediately connected with it, by
their daily occupations were taken into the ac-
count. The Dry Dock, already referred to, often
employing its hundred men and more, would be in
the same situation. A ship-yard also, and so of
large mercantile establishments, with their clerks,
porters, and cartmen, and of any other pursuit.
And it will not fail to add strength to this opinion,
to reflect that the wives of all these men will pos-
sess as much of proj)erty as their husbands, and
that this doubles the amount. The persons fol-
lowing any of these various employments ; would

1'95

most naturally and rationally invest their proper-
ty, where they meant to exert their industry. And
as it is, more' or less, necessary, in all pursuits
conducted through the aid of Association, that
ther^ should be a Principal, a Manager, an Agent,
a Captain, &e. &e* these will all be selected by
such Association ; obey its instructions ; and be
subject to be superseded by better men, whenever
they shall disobey thero. I return now to thepa^
litical features of these Associations.

In contemplating their character, vTte are to
consider them, as having two relations ; one with
themselves individually ; another, as acting otti
and acted upon ^by, the community, in which they
exist. First, that the Community, or any portion
thereof, may receive no injury from them, they are
not to be too numerous ; that is to say; if the
wants of this. City, required the use of two dry
docks; the same association should not be au-
thorized to own them both. I know there are
many who will object to such restrictions on pro-
perty held by associations ; but, if such persons
will consider, that by allowing them to hold pro»
perty, without limit, it would, in fact, bd authoriz-
ing all bakers^ for example, to associate their bu-
siness under the control of one common head
and direction ; and thus to combine to fix the
price of bread ; it will be obvious, that such unne-
cessarily large associations, would be adverse to
the interests of society. These remarks will ap-
ply also, to all other occupations ; and, if they

196

were to be allowed at all, would lead to repiifab,
by OQO occupation upon another^ extending, in
their operation, even into new aggrewriont npon
the community. If two or more, dry docks were
wanted in this City, as already supposed, there
should be two or more associatiMs* Nor should
the members thereof, so far be composed, of the
same individuals, as that the operations of the two
or more associations could be controlled er govern-
ed by them. Nor, would it'be allowable, on the sup*
position that they were eom posed in whole or in
part of different individuuals, to come into any
understanding, or contract, therefore, as to prices^
to be charged or received by either, from their
customers. To suffer a contrary course of pro-
ceeding, would be to subject the community, to
all the evils arising from conspiracy or eombt^

nation.

Secondly, these associations must not injure the

public by their debts. Every member must Ik>
answerable to the full extent of all his property,
for the debts contracted on account of the associ-
ation. But, if a member contract debts, in his
own behalf, and not for the objects of the associ-
ation, only his share or interest in the association^
is made responsible for their payment. The
other members of the association, are to be kept
harmless of him.

Thirdly, as it regards the members of the As-
sociation internally, that is, among themselves }
the majority is to respect the rights of the miQority %

197

if they do not ; the Great Common Authority,
that presides over all, will have the proper power
to require it aC th^ir hands ; and so of any mem-
ber-
Organized in this manner, associations could
not fail to be productive of all the good effects
which we might have a right to expect of them,
and to be divested of all the evils that an abuse
of power might be fraught with. Sale would be
made of the entire property of an association,
whenever all the shares were purchased ; and to
do this, would require the consent of each and
every member. Majorities could not make tr^uis-
fer ; they could only direct the method of employ-
ing, and using the property, and this only, with
strict regard to the rights of all, and subject to the
supervision, whenever any one of the association
should require it, of the supreme power.

The present Constitution, is objectionable on
another ground. It undertakes to give privileges,
and inflict disqualifications on religious consider-
ations. It is necessary, therefore, that a new
State-Conventjon to remodel it, in this respect,
should be assembled. If there is any propriety
in considering all mankiud as equal in the estima-
tion of the Creator who made all, it is certainly of
importance, that the work of man, for such is go-
vernment, should not contradict this equality.
He who causes *^ r&in to fall on the just, and on
the unjust," who has made this earth alike for all,
could not certainly, be expected to sanction such a

17*

196

constitution of government, as on the one band.
would give to every man his equal aliare in tlie
property of the globe on which he dwells ; and on
the other ; take it away by the operation of ex-
emption from contribution, and equal oontribtt-
tion, too, to the public wants of that very commu-
nity, which gfAarantees to him the possession of his
just rights in society. In a community of men,
of equal possessions, and who hold them by rights
inherent in their very existence, how absurd, how
revolting it would be, to see a Constitution, as the
present one does, speaking of exempting men of a
certain description, from bearing arms ; and of
paying an equivalent to the State in money ! In
the name of all that humanity can invoke, what is
the sum which is the equivalent for life and blood i
How strangely, how shockingly perverted does the
human understanding exhibit itself, when such a
comparative appreciation of money on the one
hand, with life on the other, is found on the pages
of the Constitution of a' free people !

The truth, the whole truth, and notning but the
truth in all this business, is this : That there is no
natural reason why any particular person should
receive his equal portion of this world's property,
in any particular section of it, in the State of New-
York, for example, more than elswhere : but, on
the other hand, thtTe is no natural or reasonable
power to forbid his proportion being given to him
here, provided he is willing to do his equal share of
pvhlic dutyy in kind and q'uantityy in treasure onrf

109

danger. Otherwise there i^. Otherwise there
would be hazard of injury, even to subjugation, not
onlj to him who fails in this duty, but also to^all
others. These others, therefore, have manifestly
the right to expel Jtjim from their society, who will
not contribute to the public defence with his blood,
if need br, and to associate with them, another in
his place;, who will. They possess this right, on
the principle of self-defence* And, if on the same
principle of self-defence, against a'foreign enemy,
a ma^i is unwilling from any motive, to fight for
his property and bis Jiberty, he cannot have much
cause to complain that his countrymen have dispos-
sesHed him, and ordered him out of the country,be^
fore the eneiny has had time or an opportunity to
do it, for him* To him it c^n make little difier-
ence, by whom the deed is done. He who will
not defend his property ; and in such manner as
the government of his country prescribes, has
abandoned it already. Tell us not of the rights of
conscience. He has no conscience, who, in the
first place, would abandon that which is truly his
own to the invader, and then, after it has been de-*
fended agauist the enemy, by the blood of others,
would come and claim it again ! He has no con-
science, who desires to hold his oitm at the expense
of the blood and treasure of another ; and is of
course entitled to no other treatment under the
laws than that which is meted out to every other
citizen.
Inasmuch, therefore, as thci, principle of equali^

■ 1" I » " . ■, '

aoo

\ ■ "

ty is to be preserved at all hazardVi no ouui isto be
suffered to remain a citizen of the ^atet who
contravenes that equality, by refusing to (lo lus du-
ty, in a point so essentially importantt^as that of
the public defence;

It is the same principle of equality also, which
forbids another to be ineligible to, or incapable ^
holding, any civil or military office or place, within
the State. Of what avail is it to say, ** that by his
profession, he is dedicated to the service of God,
and ought not to be diverted from the great du-
ties, of his function ?*'* Legislation has nothing to
do with men's motives. It makes no inquiry into I
their speculative opinions. It is directed to pro-
mote the public welfare, by preserving their equal
right to the reception of property, in the first in-
9tance, and to its preservation afterwards.^ and to
the preservation also of the equality of personal
rights* Yet how is this equality to be maintained,
if, in time of peace, in order to qualify myself to
be useful in tim^ of war, I must, at my own ex-
pense, give up five days of the year, in disciplining
myself in the art of war ; while another, who is,
and calls himself a priest, is wholly exonerated
from performing a sihiilar service ? Undoubtedly,
it will be admitted, that he is a good citizen^ and
that jail arc good citizens, who thus qualify thenoi-
velves for the public defence, when the public ezi-

See CoDstitution of this State, Article VII. See. IV.

aoi

gency requires it. Is it to be said, then, that«
ofy man shall be exempted from a necessity thus
to perform the duty of a good citizen ? And in
justification of such an exemption, shall it be said
that the *^ service of God," or any other unmean-
ing term, requires it ? Inasmuch as all men are
equal ; if the ^^ senrice of God" is to exonerate
one citizen from the performance of any public du- ~
ty no matter what it may be ; so will it exonerate
another, and so will it exonerate all. A priest
is but a man ; his duties to God and to man, are
the same as those of other mien ; neither more, nor
less ^ he, therefore, is entitled to haye measured
out to him, the same law of eternal and immutable
justice. Beside, if religion were not wholly a pri-
vate and personal afiair ; if it were not as it is, a
matter between man and the Being, who, he be-
lieves, has made him, and in which government
has no concern ; either to favor the priest or other-
wise ; or in which it has no right to interfere, in
any way, manner, or shape, whatever, farther than
to require of him also the fulfilment of his duties as
a citizen ; I might easily ask, what is meant by
the ** service of God T'. ' If the expression were
applied to man, I should readily understand it. I
should understand as "any and every man does,
that such ** service" was something, whereby the
man profited ; whereby he benefited ; by which
his condition was made better. But, how are we
to understand it now f Is a priest capaUe of mt^
king better the coodition of the Almighty f b t|ie

202

Supreme Being to receive benefaction from the
work of his own hands f I am pursuadedthe weak-
ness of no human being, is so great as to admit of
any such absurdity. And if it be said, that it is
meant that the condition of man, that is, the prie$t
himself i is to be made better, then is it quite ano-
ther affair, and is no more entitled to consideration,
than is any and every other avocation, of any and
every other man in society. If,' therefore, any
man must discipline himself in the art of war, io
tniut the priest ; if any man must march out to bat-
tle and to death, in his country's service, so must
the priest ; and every oiher citizen. There must
and can be no exemption. The equal rights of all
require it, and the private wishes of a few, cannot
be allowed to evade it*

So much as regards the military. As regards
ineligibility of the priest, to civil office, it is a
disqualification which operates as an oppression
upon him. It is manifestly unjust. Nor does it
pluck out the sting of injustice, to say, that
priests do not desire it. History shews abundant-
ly, that the time has been, when they did. Be-
sides, let us look around us, among the nations,
now, ahd see, if we can find no priests exercising
civil power. Nor is this all. By the presence of
such a disqualifying clause in the constitution, the
people, the Sovereign People, are prevented from
choosing a priest for their civil officer, even, al^
though ninety-nine men in every hundred should
desire it. Claiming to be supreme over their own

affairs, they have yet fettered their own suprema^
cy, so as in this instance, to render it nugatory*
These fetters present an extraordinary appear-
ance* They do^ in so many words, declare that the
people, being fully free, and having all power in
their own hands ; yet nevertheless, dare not allow
themselves to exercise it, without restrictions.
This is not true freedom. Men should be bolder*
And, when they are truly free, they will be. If
there be a class among us, who inspire awe and
terror, whenever it is. supposed they may aspire
to the possession of office; it is time, high timo
to dissipate such awe and terror, by coming into
collision with those, who are th? objects of it, as
oflen as possible, at elections and elsewhere* And
this is the only way; at least, it is a very efficient,
way, in which it can be done. If clerica I gentle-
men should be ambitious of <civil honors; give
them the opportunity, for it is their right ; and
my word for it, in a few years, they will lose
whatever of undue influence, deference, and re-
spect which a blind attachment to them now, on
the part of many, is frequently disposed to accord
to them. If they should not desire office, the re-
striction now existing would be of no avail.

Nor, should it be said, after all, that the priest
and the community are about equal ; that the
disqualification for civil office, balances the ex^
cmption from military contribution of personal
service. This ' equality is not jto be presumed ;
and, for the obvious treason, that it cannot be

. 204

knowm Besides, it is not the business of gorem-'
menty to make a traffic, or a system of exchnnges,
in rights of any kind. Each is entitled to all and
every that belongs to him, and cannot, by any
operation that is just or equitable, be forced into
a system of barter*

f It is proper to abolish the State Senate. Two
Legislative Bodies having a negative upon each
other, in the enactment, modification, or repeal of
laws, present the extraordinary phenomenon, in a
government that pretends to consist in the will of
a majority, of contradicting this will, in their Halls
of Legislation. One, and it may be, the larger
body, may give its every vote; in favor of any mea-
sure, and yet a majority-fraction of the smaller
body, (the Senate) defeats it altogether ! The
will of the smaller party of the whole number of
Legislators, is made to be superior to the will of
the greater party ! It is time to expunge such
an enormity from our Constitution. In no case^.
may the minority rule ; either to defeat the en-
actment of a new law, or to prevent the repeal or
modification of an old one ! Both cases frustrate
the public will, as well by a negative as a positive
action ; and the one is no more to be tolerated, in
u country where equal rights are intended to be
preserved, than the other. Besides, how ex-
tremely ridiculous does it appear in a community
«f citizens, to appoint agents to manage their pub-
IfiA«^iioems, and then order them so to conduct
« iff \ej may not be able to enact

805

the v^ry lawSf which, if they were submitted to
them, in the first inqt^iice, the people themselves
woiiild ,be sure, to adopt ! Not less so, however,
than it would be, for a government to send two
sets of Ambassadors to a foreign nation, with or-
ders to . each to make such a treaty as it should
think proper, aod then to return, with the result
of their negotiations. If they should happen tabe
alike ; a treaty is made, that is to have effect ;
otherwise, it is to be a mere nullity* Nations do
not conduct in this manner, in their intercourse
with each other. Nor should they with them-
selves. \

I do not stop to answer a multitude of reasons^
as they are called, that have been offered for con-
travening the great principle, that a majority is to
govern.' This great principle being preserved,
preserves to man the means of defending his
rights : without it they depart immediately, and
leave him a slave to others, beyond the hope of
redemption. Renounce the rule, for once ; and
calls will never cease to be made for more renun-
ciations — ^till at last it will come to this, that a
single individual shall govern the whole human
race at his absolute will and pleasure. There
will be no permanent medium. It will be in vain
to say that the people appoint all ; and that there-
fore, they are safe. It is not so, especially under
the present condition of things. For after they
have so chosen their Legislators ; there is among
us a class of Arfistocrats, who have the means of

• 18

cojrruptiog them— which they do not &il to um :•«

gnd every one lees that it is easiw to oorrupt a

fewi than it would be a greater number. If it

be said that in single Halls of Legielatioil, nt-

jorities are sometimes too hasty and ineonriderate;

it is admitted. That is» the foMt is admitted, bat

not the inference. Whole communities, partioi-

hurly at periods of election, become ezeifed— and

under the influence of the excitement, often do

that, which in their better and cooler judgment,

they would not hare done. Tet what a strange

remedy, for the evils growing out of such ezdte-

ment, would it not be, to proTide for the division

of the whole mass of voters into two classes— one

very large perhaps, and the other very small—

with a negative on each other ! In such an event

would it ever be possible to choose a public officer

at all ? This would be ruling by minority with a

vengeance ! But still, not more so, than as at

present happens.

But at the same time that single Halls of Legis-
lation, may be occasionally too hasty and incon-
. siderate ; they may also be corrupt. Both would
be offences, injurious to their constituents ; but
let them be ready to give an account of their con-
duct, and to receive the measure of disapproba"
tion or punishment which that conduct merits. It
is the apprehension that the Legislator must meet
this responsibility, that is the true . corrective of
the evil complained of ; and not the oversetting
the fundamental principle, that a majority is to
govern in all cases whatever.

207

Distributed as property now is, and ever has
leeh among mankind, it has been a matter of
niic^ indifference with men having none, who
vere the judges appointed to administer the laws,
n relation to it ; who appointed them ; what was
;heir term of office ; or what were the principles
>f I|iw, by which they were guided in their ad-
ministration. In a new state of things, such as
that I now contemplate, this indifference vanishes.
All men having an equal aniount of property, es-
pecially at their first entrance into mature life,
will have an equal interest in all these qucs^
tions. The appointment of judges of every kind,
will therefore, of course, be ordered to .emanate,
directly from the people without the intervention
of any appointing power, as is now pr 'Ctised ;
they will be limited to short and stated periods of
service ; and will adopt principles #f law, in their
administration, which shall be furnished to them,
by the community, and drawn from the elements
of their political edifice, instead of being borrowed
as now from 'the usages of barbarous and stranger
nations. To effect this reformation, in connec-
tion with the many others which I have already
mentioned, it will be necessary if my propositions
are ever to be acted upon by the people of this
State, to assemble a new State-Convention.

So much have I offered, in justification of the
necessity of calling a State-Convention, as a pre-
vious step, in any attempt which may be made in
our State-government, to give to every man his

ApW,'

(M|ual share of tlic property within our limitff. It
has uecessarily occupied many pages, and required
niucli of the time and attention of the reader.
But I trust it has not been without profit. If ever
an equal division of the whole effects of this State,
is to he made among the citizens ; and if ever the
succeeding generation is to be allowed to bare
their proportion, as they come to years of matari-
ly, as it is their equal right they should; it is only
to be done so as to be of any value, or importance
to them and to us, by shutting out the operation of
ail those causes, which would go to destroy such
equal division almost as soon as it was made ; and
which even in the present condition of things, is
constantly tending to aggravate, the inequality of
])ropcrty at present existing. As, on some occa-
sion, Mr. Pitt,* in his ill humor, observed of the du-
ration of republican government, founded upon
the principles of the rights of man, that if such a
government were erected at noon ; it would be
dissolved before night ; so also would it be with
the equal rights of property: if division were
made at noon, it would be disturbed and destroy-
ed before night ; if the destroying agents of char-
ter, monopoly, privilege, ruling by minority in-
stead of majority ; &c. &c., were not first put out
of existence.

* See "Mr. Paino's Letier to Mr. Secretary Dnndas."
Value's Works, vol. 2, p. 327.

209

The reader will beiEur in mind, that I am offer-
ing ray sentiments, and propositions to his consid-
•ration, on the sujqxMUtion that he is desirous to
come at the truth, and to receive and adopt it, how-
ever much it may be at war with his pres^it
opinions. If he be not possessed of this candor of
disposition, it will be well for him to know, that a
majority of mankind are; and that if theff shall be-
lieve alter hAvin^ heard me through, and under-
stood me, that I have marked out the path that
leads to their happiness, and to the greatest hap-
piness of which they are susceptible; they have the
'power to enforce his submission to the adoption of
a system, which he has not the honesty to treat
with the candor which justice demands at his
hands. It will be of little use, then, foir such per-
son, or any other, to object to an equal division of
property and to support the objection, after the
manner of Mr. Pitt, by any ill-natured remark, such
as that if, at noon, it were so divided, even upon
principles, as perfect as I, or any one else can
find it in my or his power to name or to wish, it
would be unequal before night ; and thence to
make the inference that such a division ought not
to be made at all. The time has been, and now
is, in many countries, where by the law < of the
land, the oldest son inherits the whole of his fa-
ther's estate, with an unimportant exception ; his
brothers and sisters receiving nothing. In thi|(
country, where wills do not otherwise order, the
whole estate, real and persona), is divided equally

among «oiis and daughters. Might iMCtfcenlnc|
man ubo objects to my proposition ibr aa equal I
division of property, among all, object aka to this
equal division of the fioithcr's property amoag the
sons and daughters f Might he not aaji witk
equal truth, that if it were so equally ^fided, it
noon, it would be unequal before night ; and
thence infer, that such an equal division ought not
to be made ? Might he not as truly say, that it
was maiiifestly better to give it, all at ancey to the
oldest son, and leave the rest of the family, in por-
orty, and dcpendancc upon their older brother ?

There has been a time in the history of this
country, and that not very far distant, when the
eldest son, received a double portion ? Would
not the same argument apply here f Since pro*
perty, according to the estimation of some who
protend to understand this subject, has a natural
tendency to inequality; therefore, it would be bet-
tef to leave this oldest son, in possession of this
double share of his father's estate, than it would
be to divide it among all his children equally. Ac-
cording to this doctrine, it is right to prontlote and
increase the action of what it is thought impossible
to prevent. Thus if murder sometimes happens,
it is argued that it arises from some natural and
original tendency which government, it is pretend-
ed has no power to prevent ? The argument goes
to say, that government should increase the com-
mission of this crime as much as possible. So,
becaus||9 in the opinion of any one, no matter how

211

I he has imbibed such opinion ; no matter whether
i aaoh an opinion be well or ill founded ; I. say, be-
), ^€au8e such person thinks that property naturally
tends, under any, and all circumstances, to inequali-
Xy ^ therefote, it is correct to make such inequality,
or suffer such inequality, (for it is the same thing)
to b^, as great as possible. Thus, you must not
only give to the bldeist son, twice as much as to
any other son or daughter, but you must give him
the whole ; and to carry oift'the argument, since
among all the oldest sons to be found in any coun-
try, at any one time, there is the same natural
tendency to inequality among them, even if ^ they
were all equal, it would be equally proper to select
some one of these oldest sons, perhaps the oldest
among them, and give him all that belongs to the
whole fraternity. Thus should we see the beauty
of an argument like this ! The whole world, on
this principle, would come into the possession of
one man : and he would be the owner of his fel-
lows, just as now any man may own a tree that
grows upon his soil !

It is, therefore, manifestly unjust, to object to
an equal division of property, where there is a
system accompanying it also, for its equal trans-
mission to every individual of every succeeding
generation, on any such ground as this. Besides,
it goes upon the supposition that this supposed
tendency is a fact. It assumes, that, under the
new system, the same causes would exist, which in
the old systems have produced inequalitjy and

212

would likewjM continue to produce and promote
it in the new. If the objector and myself are to
be eonsideredi as looking upon this ineqoaUty as
an evilf and one which ought to be remedied; then
a few plain questions, being answered between us,
settles the matter in this point of view for even
If property be distributed equally among the chil-
dren of any father ; is it not much more probable
that it will remain and continue equal, than that
it could be made equal afterwards, if it be dis-
tributed unequally in the first instance ? On the
one hand, depressed by poverty and its ten thou-
sand attendant evils, is it to be hoped, is it to be
expected, is it to be believed, that these non-pro-
prietors, can ever acquire property f As a body,
they never can. One or two in a thousand, may ;
and even these, more frequently than otherwise,
by way of a sort of exchange. Thus the foolish
habits, and ignorance of the rich on the one hand,
and the arts of 'knavery on the other, which the
designing practice upon men who come into the
hereditary possession of estates, are made effectu-
al, sometimes to transfer these estates, to those
who have little or nothing ; but still the inequal-
ity exists. There is a change only as to those
who are the proprietors, and those who are not.
If then, by making property unequal, in families,
it has > been found, that an immense majority of
such families continue to be poor, and miserable
for ever; was it not a very important improve-
ment in legislation, which ordered property to be

213

dfvided^ually among all a father's children, where
he had not ordered otherwise P Are not such fa-
milies, the oldest sons, as' well as others, much
. more bappy, under such a distribution, than they
were under a systeiHy where the principle of equal-
ity did not prevail. If any one doubts^ let him
ask himself, if he would consent, to bring back the
old condition of things, if it were proposed ta do
so/ Would he say that the oldest son, once more^
should have all ? Would he say, that he should
have a double portion? Would he or she say,
that the sons, equally, should have two shares,
and the daughters only one ?. The oldest son^
where he had an interest to do so, might say it^ but
what would be the opinion of the others ? If pro-
perty, being unequally distributed, produces so
much injury as it is known to do, it is because it
is unequal; and not because any particular person
is to have the larger portion or the whole. Thus
in the supposed proposal to bring back the ancient
condition of things, wherein one should have all,
or more than any other, if it were to be determined
by lottery y who such particular person should be,
to be drawn after they had resolved upon dividing
estates upon the ancient unequal principles in
question, it is very certain, that the old system,
would not be suffered to be disturbed* It would
rest in peace ; for men, as they now understand
their rights and ^ their happiness, would not con-
sent to bring it again into existence.
The universal sentiment of mankind is opposed

214

to inequality, as well in property as is other
things* Never» since man has existed, has there
been found a human being, who has thought that
an equal share with his fellow-beings, was likely
to be, or by any possibilitji could be, an injury to
him. Not one of all those persons who have re-
ceived their equal share of their father's estates,
since the laws have been altered so as to admit of
it, can be found, or has ever been known, to con-
sider such equal portion given to him, as adverse
to his rights or his happiness. No such person has
ever thought that it could be opposed to either,
and has, therefore, sought to preserve, and add to
the patrimonial gift, rather than to throw it away,
as a curse to him. All this, is evidence of the deep
importance of equality, te all who are permitted
to partake of it. It is unimpeachable evidence,
inasmuch, as if any such person had existed, who
supposed this equal share of property to be an in-
jury to him, he had in his own hands the remedy.
He had only, freely and immediately to give it
away, without receiving any return therefor. Nor
since the existence of man, has there ever been a
time or a place, where such gift could not find
acceptance.

I know, very well, that there will not be want-
ing thoughtless, as well as captious men, who will
contradict these positions. They will tell me,
that every day and every where, there may be
found men, who will confesa, that the giving to
them, their natural share of property, would be

215 .

an injury to them. And they will endeavour to
convince me of the truth of this confession, by
saying, that such are their habits, of intemper-
ance, perhaps, that whether they accept it or not,
it would be better for them not tp possess proper-
ty, than otherwise. But, such persons deceive
themselves. It is not the property that would in-
jure them, but the habits which the vicious system
of inequality in which' they live, has impressed
upon their feelings. Let these habits be eradica-
ted, and it will then be evident, that the objection
rests on a foundation which cannot support it.

In the multitude of objections which will be
raised against the introduction of the system which
this work presents to the consideration of my fel-
low-citizens and others, there will be one like this.
" The present distribution is good enough ; it is
** better than any other ; inasmuch as it is neces-
'< sary, even for the poor, that there should be both
^'. rich and poor in society ; and that if it be order-
^' ed otherwise, the work of society cannot go on,
*' as prosperously as it d6es now, and of course,
<< the whole community will be sufferers. That
'^ the evil which we think we are laboring under,
<' is imaginary ; that our actual and common suf.
<* ferings will be greater, after the proposed
** change than they are now ; and that it will be
^< better, therefore, to leave things as they are now,
^<than it would be to alter them, &c. &c.*'

Let those who shall make such objection take
eoosolation. Although the system I have marked

216

out, (Sec PLAN, Article, 18, p. 143) forbids any
one to give away his property to another, under
high and severe penalties ; for reasons which, if
they are not already apparent, will be made so,
in the progress of this WorI( ; yet, the State it-
self, may, if it pleases, after a General Division
has been made, consent to accept his patrimony
from any citizen who shall declare that he feels it
to be a burthen to him, and an injury to the
State ! If a number of men can be found to do
the same, such as to be equal to the number of
men without property How existing among us,
then there can be no fear but that the State, un-
der its new organization, can and may derive all
the advantages which any community can be sup-
posed to derive, from having in its bosom such a
numerous class, of poor, dependant, and wretched
human beings ! It will besides, have this adddi-
tional advantage ; that, in the case we are suppo-
sing, the poor, will be poor of choice ; they will be
volunteers ; patriots in the cause of their own hap-
piness, and that of their common country ; and, of
course, reconciled, contented and happy. If they
are not so, it will be their own fault. Nor, is it by
any means impossible for government to be able
to accept these patrimonies, if they should be so
offered I Canals, Roads, Bridges, Public Works,
of every description, will ever be wanted as long
as the State shall exist ; and these could be car-
ried to such an extent, as to absorb all that could
possibly be presented to it; in this way ! If it

217

should tprn out, that a sufficient number of men,
after a General Division bad been made, should
not be of opintonf that such a dispossession, by
themselves, of ihtvr ovm patrimony, would be bene*
ficial to themselves, and the community ; such as
to amount to the number mentioned ; it would not
indeed, piove the doctrine maintained to be false ;
but it would be evidence^ very strong, that its
correctness was very much to be doubted ! Still,
however, if a f»q;V>r»^y >hould not happen to be on
the side, of thus voluntarily creating an extensive
class of poor men, and should prefer,* as far as
themselves are concerned, that equality of pro-
perty should prevail ; whatever the minority
might be, they could still consult their own views
and feelings without in the slightest degree being
opposed by the majority ; and, we should have the
uncommon phenomenon of a majority and a mi-
nority, in a republic, agreeing to differ, and still
acting in perfect acccordance with the views of
each !

Let the rich man, therefore, console himself; for
he it is, I presume, if there shall be any one, who
will object to the equal participation by all in the
property of the State ; I say, let him console him-
self that in the new order of things, he will have
abundant opportunity, voluntarily to taste the
sweets of poverty and dependance, if there be any
such ; and to recommend them to others by his
own experience. Indeed, it occurs that even now,
it would be well, among all who shall object, an

lie

/■

ih%$ gaxmib, td the nHroJajBtion rf UiM^ftjiriMp V^
sbnepii^ woaldgnre ■§ aa tlwimpfci^llNMi oim. j
prnmm, of sueh w 'Ml «r telf diif^lM|MM. j
There if^iio law U> prohibit h; nor oiif dlikMr/ J
in. finding thoM who frill reeeife pri|Mlill^«
tendered lo them.' Let the rieh ^MU^ Mw^ 4t^. ;
w31, giro up hie piopei ^y to eopne one ofttb Mtimt ,
eitisene, a 'poormeaiihoold prefer; afllleltlMril.
bodf liiake an experiment ; one to sqr.'hoir nnMh
of eril^there ii» at leait, in a eompftenee f wd^
the other, how moeh of good, in entpre deetilnliBn
and poverty. Ijet them 4o thie ; mid I epgag^ to
believe that one of them will not fail to be Ae
wiser fbrit. •<'■. .

It nocemarily fellowi, that dbgeetion^ of a gretC
diverri^ oS character, will preieot theftMohree to
periom of verj honest Tiews, as well as othere^ 4a
the proposition to equaliie all property in tbe
State among its citizens ; and a prominent one,
among the number wiH be, that if it be made
equal to day \ the jack-tar, and the son of the
richest maflTn firoaielwajr, will have equal por- •
tions ; and, that they will both go, in the prodi*
gality of habits, in which a most pernicious sys-
tem of government has educated them, and
squander them forthwith, and thus again reduce
themselves to poverty. Of what use, then, would
it be, say a multitude of men, who are more
ready to look for objectionst to any system tdiat
may be proposed, than to seardk after remedies,
' the* ^^ %mid ; of what use, say they^

219

would such a divisioa be f I answer much. Be-
sulesr; the question, is asked as if there were not
immense multitudes of. men, in a communityt
other than the jack-tar, and the gentleman's son
in Broadway. Is it of no consequence to these,
that they should have their rights i Are they not
to have accorded to them, what belongs to them ;
what is so necessary to them, their welfare and
happiness ; merely because the present vicious
system of holding and transfering property has
rendered worthless a portion of the low in life, as
well as the high ? What would be said, now, of a
proposition, to disinherit all the children of a father,
merely from the fact, that one of these children
might be a prodigal and a profligate ? Yet, such
is the objection that is made to the giving to the
whole community what belongs to them; and
wliat no man can dispute as belonging to them ;
merely because it would <)o no good to a being, or
a few beings among them, already ruined by the
vices of society. There can be no doubt, that it
is to the influence of these vices, generated by this
unequal condition of things, in regard to prop rty,
that we are to attribute the existence of this class
of heedless and improvident men. For if, on the
one hand, the system o^ the rights of property, had
not been such, as to enable the father to have ob-
tained an unjust, an overgrown, and more than
suflicient wealth, he would not have obtained it ;
and his son, from his earliest years, would have
been accustomed to rely on his own exertions,

«|6\/

instead of living en the means acquired bjr Iris fii-
ther. for his present and future euppoit. His
habits \vouId hare been, of a better and a Ugbw
order, and necessity would have called upon Yam
to exerGi9e his own faculties, for his own subsist-
ance. Other young men of his age, would have
been in like condition; so, that both the motive and
the op|K)rtun]ty would have been wanting, which
are necessary to work that moral ruin, which we
every day observe in wealthy families. On the
other hand, an original want of propei:ty, in nu-
meroufl classes of society, with the consequent
relation it holds with the other class, has led to
the formation of the other and* opposite descrip-
tion of character.

It will not be proper, therefore, to object to an
equal division of property, on account of some
persons in the community being unfit to receive it.
This would be to place the happiness of the
mamj upon a contingency of a most extraordinary
character. The proper course to pursue, is, as
far as regards those who are not qualified, who
are decidedly and manifestly not qualified, to take
proper charge of that which shall be assigned to
them, to place it in the hands of trustees or
guardians for their benefit. This is what hap-
pens every day in many governments as now con-
stituted ; and it would be equally proper in this.
It is a remedial operation ; useful to correct po-
litical vices, already engendered ; and which it
is better thus to adopt, than to suffer the greater

A«JL

evil which would take place without it. With
■ thie remark, let us cloe e the present chapter, and
' resonie the subject in our next.

CHAPTER VI.

REASONS

<Jh support of a General DmeUm of property^ and of the
■^ means pointed out far effecting U ; continued,

' There is no opinion more erroneous, nor perhaps more
.generally entertained, than that if you destroy the power of
making wills and of course of making disposition of estates
as to the future, you thereby destroy all mcentive to exer-
tion, or industry. It would be like gathering the wheat
from the field, it is said, of the farmer who has raised it,
and leaving only the stubble. This opinion deserves to be
deeply investigated ; and when it is, I apprehend it wiU be
found full of errors. When put in proper language, it says,
that a man works for his posterity and not for himself..
liCt us see how this is. I can speak for myself and others
can judge, from their own bosoms, how far my feelings
coincide with their own. I like property because it gives
me a house in which I am protected from the heat of sum-
mer, and the cold of winter, and the storms of both ;
where I can receive my friends and accommodate my fami-*
\y.* I like it, because it covers my floors with carpets ;

* On the principles which this Work advocates, however,
these will have their rights guaranteed to ^em as well at
ir^ers.

i9*

.222

«;ive8 mc lookioff-glasaes and side-boards : beesiuo it iiv-
niahea nie with chain and tablea ; books aid saps avd
papers. I like it because it furniahea mm wA ek>dung»
and with food ; and provides mc with the meana of prose-
cuting distant journies on pleasure or buaineaa ; and guar-
antees my return ; because it furnishes the paper I write
on, and will provide for the meana of publishing this Work
to the world. These, and a thousand other reasonsi all
pointing to my own personal gratification, are those that
form my atUchment to property ; and I can truly say.ihat
if I can see, as it regards the future, that all those who are
to succeed me will have the means to make their own con-
dition better, than I can make it for them, that I have and
ought to have, no wish to interfere, in any arrsDgeBNnt or
disposition which they may wish to make. It is efident,
therefiMre, thai I like property/or t^#oi0ii mtke ; for the coals
in places in my grate ; for the roast beef it puts upon my
table ; for the medicine and comfort it gives me when I im
sick ; for the carriage it gives me when 1 do not feel dis-
posed to walk ; and for the means it affords in a thousand
diflferent ways of giving me pleasure, comfort and happi-
ness, without so much as a thought entering my mind, that
I entertain this attachment to property, for the benefit of
another.

If then, there is, as there evidently is, such an innumer-
able multitude of causes of attachment to property,/or itt
own Make, and causes which must not only exist as long as
man shall exist, but which will continue to increase as ar-
tificial wants increase; there can be no danger of a proper
want of incentive to industry. Besides, when wo hear men
saying that they are gathering wealth, purely for the love
they bear to tlieir children, are we sure they do not de-
ceive themselves ? Are we sure they do not mistake, the
love of propcrt}', /or their own sdke^ for the love of it, for

383

their ebildren's sake ? How does it happen so often, that
parents retain poMesmo of their property, till very late pe-
riods of their lives and indeed almost always, until they have
ceased to be t Sorely if we suppose there really is, as
much attachment to property, among parents, for their
cMIdren's sake, as is now pretended, we should oflener
than we do, be witnesses of such parents giving to their
children a full and sufficient patrimony, at their first setting
out in life, when, if ever they are to have it, it is capable of
doing them most good. As it is now, nothing is more
conttnon than fbr a man of fortune to die at the age of
eighty ; and, then, fbr the first time, to give to his children,
the property he has acquired. The oldest of these, m
some cases, may then be sixty or near it ; and may hisvc
raised a family, the youngest of whom may also have a
family. Of what use is a descent of property m this way,
at all, if a better system can be devised ? Surely the tena-
city with which men cling to property ; a tenacity which
nothing but death itself can conquer, can have but little
claim to be considered as evidence of any thing but the

owner's attachment to it, fw its own sake, and/<7r hU own
usei

But if all these reflections do not carry conviction, what
shallbe said, when we see, as we do every day, men eager-
ly pursuing the acquisition of wealth, who never have had
children, and never expect to have ? The attachment
they have to it, is not less certainly, than that of any other
description of people among us. Is it to be said, then,
there is not in the constitution of things, in man^s nature,
and the circumstances with which he is surrounded, enough
to stimulate his industry to the proper degree of activity ?

But let us proceed a step further. It is still insisted,
that this attachment to property is, so intense, in all cases,
not so much because its possessor may desire to give it

■I- an ^

' pntlicuUily to children, but because be m&j aaj vho tiie
fiiturG onner Bhall be. 1 have already shavn, es I think,
.' tliattlio true cause of this attachment is to be foond in the
indiridual man hitoseiT, in tbe adaptation of properlj to the
* gratification of liia own wants, and u doe to no other
source. But, by way of illustration, 1 might show, that
, it is likewise true, that if I were a traveller (and obliged to
be so from stern necessity) ia aome foreign country, and
knew, that in some period of my travels, 1 knew not irien,
i should be attacked by robbbcrs and ordered (o <lmpoa-
& lelf, of all my treasures, s.'t(A //icpermwitoniouf-

f Ttng' to wkora they might belong tktnee foneard

>aat, here. 1 should stand, precisely in th<> situation
lan who is acquitmg property, knowing tbat he is
le, at some uncertain and unknown period. Ths
imstance, of my having permission to say to
' 1 ..^ia treasures shall belong, when the time arrives

1, to surrender ihem up, would not, of itself, be a

SI nt iDducement to amass these treasures ; if I did

atnass them, there must have been some other mtitive.
TbUB, why should I toil for years and years; to obtwn
these treasures, when all that I have to do, is, not to aauug ■
ihems hut to meet the robbers without any. Thnsiait
the case with the dying man. If be has amassed trea-
sures, during hia life-time, he has done it, not for Ae pur-
pose of having it in his power to say who shall have Ibem
when be must give them up, when death approacbes him
as the supposed robber does'me, and drders'him to sai-
render all ; first naming bis legatees [ but, because they
were vahtahU to Atm in hia life-time ; because the {ieriod
of hisdeatii was uncertain; because. be had fears of being
dispossessed, in whola or in part, by incidents over vUcb
he might have no control, before he should die ; and be-
■^ause aQ theae circvnMucefl created a hsbit of being t«-.

uacMUS of property, which time readered more inveterate
and confirmed. If any thing further, were wanting to shew
iba ringleness of parpose, with which the acquisition of
{property is pursued, it may be found in the fact, that
fliany persons, towards the close of life, are known, great-
ly to hesitate in their choice of heirs ; particularly those
who have no children, and who, therefore, find it difficult
to please themselves, in their selection.

It is to be said for the honor of human nature, that
there are abundance of instances, in which parents have
^▼en to th^r offiiprtng, aa todl aa to others^ property with
which to commence their career m life ; if it had not been
8O9 the dark side of the-human charaeter, would have been
darker yet That .such parents have had their cores aug-
mented by the wish to bestow something on their children
in the morning of their lives, is no doubt true ; but, it ie
not equally true, that had some other person, the State,
for example, made tb^ same provision for them, that they
were a)^le to make, that their industrjt wovM have been
less. Their care* and anxieHeSf for their own welfare,
no doubt would have, been ; but their industry would have
received a fresh impetus, by the increase of power they
would have felt, to have, »dded to their enjoyments, by
new gratifications. It is not to be expected then ; it is
not in the nature of things, that man shall cease to have a
love, a very strong love of property. That it is possible to
be« carried to excess is certainly true ; and the proof is, that
men, in order to possess themselves of it, are guilty, in the
'preseiA state of things, of the greatest crimes and enormi-
ties, although those who are guilty of them, -are oAen alrea-
dy in the possession of great quantities of it ; and would
therefore, seem to have very little to ofier in palliation of
their conduct.

But let us grant, for a moment, that a dying man, has

236

v>btained the property he has bequcatlied to
sor, solely, or even chiefly for the benefit of Um iRho re-
ceives it What is the bequest intended to ae eniilish ?
Treasures, it may be, have been lavished upon the looees-
sor in question ; yet it is possible, that he may reoehre
them all, and have them subject to any dispoeition he maj
order ; and still, not derive from them the benefits which
the legator and legatee both may have expected. Sup-
pose the legacy to consist, of houses in cities, lands in the
country, fitted and prepared for cultivation, and money,
Strike now, out of existence, all the poor men, all those
who labor, and by their labor support the human race ;
and then let me ask, where is the value of the legacy?
Where would be Lorillard^s hundreds of houses ? With-
out men, and poor men, too, to come and occupy them,
(for rich men have their own houses), where would be the
rents, that he now draws from them ? Of what use would
the farms be, with no one to hire them, and pay' the hitt
required for their use ? Whore would be found borrowers
to pay interest on the money ? The truth is, when Loril-
lard shall die, and leave a legatee with his vast possessions ;
at the same time that he shall will away, his houses, and
his lands, bis money, his snuff and his tobacco ;* he will
icill (xway, also, hundreds and thousands of poor men along
with thcro, to make them valuable to his successor ; other-
wise they will not be valuable in the way in which they are
intended to be ; for they are intended to enable their pos*
ses9or to live on the labor qf others; and those others, of
course, must be those who have little or no property. Let
the poor man look at this operation of things ; let him un-
derstand, that every generation of proprietors, wills away

_ * It is proper to say to those who may not know it ; that this
S^cntleman is a lar^e and respectable tobacconist, in this city.

227

eyeijr j^aneration of the poor, like so many c&Ule ; and
that imder the existing order of things, there is no
more possibility of avoiding this sale, or rather transfer of
their bodies, as it truly is, than there is for tlie slave at the
South, to escape being sold on the plantation of his master,
if he shall so order !

But if the transfer of property to successors, by way of
will, as it evidently is, is attended with such efiStts; how
glaringly erroneous will appear the common and prevail-
ing idea, that parents employ their industry for the Jvture
support of their children ? If, indeed, it could be said,
with truth, that any parent, provides for his children^ for ^
example, as many breakfasts, dinners, and suppers, as they
may need during their lives ; if such parent proyides for
them, as many hats, shoes, and other garments, as they
may require ; if he supplies them with houses, furniture,
fuel, and every thing else, that their animal and intellectu*
al wants may demand ; ani all these tjvt cfhia owii p$r-
ional labors ; then, it might truly be said, that he had
supplied the future necessities of his children. But, if he
has not done this ; if he has only lefl behind him an
estate, (and left it, certainly, for ^ the same reason that a
traveller leaves the road behind him, because he cannot
take it with him), then he has not supplied the future wants
of his children. They must, either uork for themselvesi,
and supply their own wants, out of their own labor ; or the
poor who live at the same period with them, must do it
for them. If the estate is large, the children who inherit,
do not labor for themselves ; they compel the poor, who
exist at the time, and in their vicinity, to support them,
while they themselves do nothing. When men therefore,
say they seek to supply the wants, the future wants of their
children, they deceive themselves. All the fathers of any
generation, under the present order of things, may be con-

228

:»idcred as engaged ia a struggle, not to supply tfae waoto,
the future wants, each of bis own children, out ef tbe labor
of such parents ; but to compel the children of some of
these fathers, (and it happens to be a great m^orilty of
them), to labor for and supply the wants of the otben,
while these last riot in idleness and luxury. Let me I^
peat, then : it is not the rich father, that supplies his clnl-
dren's ^fknts ; it is not the children themMelvea, who supply
tkebr own wants ; but it is the poor children ofotber fathers
around them who do it ; it is none else ; and they do it
for the single reason, that they are deprived of their just
and equal share of property. It follows, of course, from
these remarks, that the parental feeling, by which many
parents attempt to justify and even commend themselves
for providmg property for their children, as the system now
is, is far from being amiable or laudable ; on the contrary,
that it is culpable and criminal, and rather resembles the
propensity of those birds of prey, who feed their young
upon the young of other birds, whom they are able to make
victims, than any thing which the mind of justice or bene-
volence is able to look .upon with pleasuie. It is thus,
tliat vultures feed their young ; and it is thus also, that
rich parents provide (or their children. Let the poor^
who feel as tenderly for tlieir offspring as do any others,
look at this operation of things, and prepare to put a stop
to it.

If such then, be the operation of wills ; if they are able
to convey away vast quantities of property, and with it vast
masses of people, the latter of which it certainly cannot be
pretended is the property of any one, much less of testa-
tors ; is it not time to question the vaUdity of wills, even
on principles which are acknowledged hy those who desire
to preserve their existence among us ? Is it not time for
the people; those who have rights as well as the rich, to
interpose in their own behalf?

289

Besides, od the score of policy^ in order to cncourai^e
tbe aflfgmeDUtion of wesJth by the testator, it is and has
been urged as necenary and useful, to allow of the willing
away property, to such successor as he might think proper
to name. On the score of the same good policy, (I say
notUngof right now), would it not be quite as beneficial,
in the way of stimulating the augmentation of riches, of en-
couragiiig industry, so to order affairs, that fast bodies of
men, should have mme property, to begin life with; as it is
to leave them, as we do now, without any thing^? Would
not a few millions, such as Lorillard's estate foresuunple,
distributed among a few thousand men, at their first setting
out in life, be productive under lAetr management, of more
wealth, than if the same were given mto the possession,
perhaps, of a single man ? This is a question which I do
not expect the rich to hear with pleasure, or to answer
with candor ; but the men of toil, the million who prepare
the feast, but never taste it, will find an answer in their
own bosoms which need not be told to any one, to bo
known.

It is easy to enlarge, and to multiply arguments in favor
of the policy even, of giving, in addition to the benefits of
a good education, a patrimony, and that an equal one too,
to every individual on arriving at the age of maturity.
Those who object to it, on the ground that it would tend
to make men indolept, and improvident of their future wel-
fare, seem not to be aware, if the ground of their objection
be true, that they prove too much. They are in the situa-
tion of the sophbt, who declared '* there was no such thing
as truth in the world ;" and, to whom a by-stander replied;
'* Then, Sir, your assertion is not true ; for, if it be, there
is, at least, one truth among men." If the giving of pro-
perty, be it little or much, to those who are entering the
stage of mature life, is to be considered as visiting the evi)

of indolence and lazinefis, upon those who receife it, tod
is» on that account, to be objected to ; eo, alw, nit we
oliyeet to property being gifen to any human bang what-
ever! whether it be by our present system of wills, or oAer-
wilt. Now, tp say, that no one, ought to iwve any prti-
perty at aU, by way ofbequest, or gift, lirona any aoaree
whatever, is proving too much ; and more I qiprefaend,
than thoae who fkncy they see evil in giviag to all an
equal amount of property on arriving at the age of maturity,
have any witA to prove.

Besides, bow doubly absurd, does it not appear, to ob-
ject, to a moderate and equal share of property being
given to each person at the age before mentioned, on ac-
count of its inducing inddence ; and still, at the same
moment, to contend for the giving of immense estates, as
is now done by way of will ? If, by a system of equality,
the giving three or four, or five thousand dollars, to indi-
viduals generally, is to be objected to, as creating idleness
and laziness ; how much more, ought we to object, as the
system now is, to giving three, or four, or five millions ?
Those who oppose the equal system, which it is my plea-
sure to support in this Work, and every where else ; ought
to take care in the first place, that their facts be true ;
and in the second, that being true, they do not do moit
injury to themselves, than to those whom they attempt to
assail. I apprehend my readers will agree with me, in
the present instance, that these facts are not true ; and
that if they were, they would be of no avail, inasmuch as
by proving too much, they prove nothing at all. And
such, I imagine, is the condition, in which aU men must
invariably find themselves, who oppose the doctrine of e-
quality ; of equality in property, as well as in everything
else.

Men who contend for the descent of property to the next

£31

Sener fttion, in the way in which it now descends ; and ob-
ject to its descending equally to all, as I desire, on the
ground of its tendency to promote indolence, seem to con-
eider mankind as consisting of two distinct species of be-
ings ; one of slaves^ whose duty it is to toil, but having a
very great aversion to it; and the other, of despots, to
whom it belongs to use the lash, and thus coerce their fel-
low-beings to perform it

They seem to forget, that most of the indolence, now
existing among mankind (the effect which labor-saving-
machinery has to destroy employment, and ihuafa^ce men ^
to be idle, excepted), is the indolence of despair and dis-
couragement, on the one hand ; and, on the other, that of
ease and indulgence, springing from enor-mous fortunes, ac-
quired without labor, and possessed without right ; and
that if these two causes of indolence, were banished, by
the introduction of a system of equal property, indolence
itself would be banished also. All would then labor for
the gratification of their wants; and this gratification
would then be, as it truly is, the true, and only genial and
healthful stimulus of industry.

I have already .observed that if the State, for example,
had bestowed patrimonies upon the children of certain
supposed families ; it would have relieved the cares of the
parents of thpse children, to a very great and beneficial
extent ; and that their industry would have received, in
consequence of such relief, an augmentation of its exercise,
by being at liberty to direct itself to the acquisition of the
means of new gratifications. There is little doubt, that
the present inveterate attachment to the exercise of the
rights of the testator, as they are called, owes its origin,
principally to its being made use of, as an instrument of
conveying property! to iohildren. Had it ever been the
case, that a State had given a patrimony, and an equal

232

one too, to every person in it, on his coining to ihe age of
mtCurity, it is altogether probable that men woold bare
ceiaed to have any attachment to wills whatever. It is to
be said, indeed, that it would never have been known. It
should be understood, that to the term will, I affix a signi-
fication, which, direct or implied, controls the disposition
of property which a man has died possessed of, in manner
known, or supposed to be agreeable to his wishes. Thus,
although a man, technically speaking, may die without a
will, yet, if the Legislature order his property, by a general
or any other law, to be divided equally among his children,
or next of kin, it presumes what his will would have been,
and supplies the omission.

But let us look a little at the obstacles which go to pre-
vent the execution of wills, however beneficial they may
be said to be. A man, it is said, acquires property for his
children, and gives it to them by way of will. How for is
this true ? there is no doubt he may intend it. But let us
hear what the facts are His will may be made, and de-
posited in the care of a friend, perhaps, in whom be h^
confidence, and who does not deceive it. Still it may be
lost or destroyed by some casualty or accident; where,
then, is the will of the testator ? It is a nullity. It has no
egal existence. It is the same thing as if it had never
been made. In another instance, the treachery of another
(supposed) friend, to whom another will may have been
committed, puts it out of the way altogether. Here again
is another violation of will, as effectual as if it had never
been made. Let the dying man, if you please, fearing to
trust his will out of his own house, order it to be deposi-
ted in his bureau. How often, when death has sealed his
eyes, has such will been committed to the flames. If the
destiny, the good or ill fortune of heirSf is made to depend
on an occurrence of this kind, how precarious and uncer-

233

tain may we not conaider it ? Again-*- where it has been
aoppoaed that no will has been made» how often haa it
happened that a counterfeit one has made its appearance,
clothed in all the legal formalities, and has carried away
the estate of the deceased ? Besides, let us suppose the
genuine will to be preserved, and to become known to the
administrators of the laws« Yet the debts of the deceased
must be paid ? Most certainly. Well, then, in court here
come witnesses, as many as are necessary, and make
oath, &lse oath, it is true, but which, however, no one has
it in his power to prone to be false ; and swear that they
saw him, for example, sign or indorse a promisory note, to
a great amount ; judgment is rendered, in consequence of
this testimony, and away goes the estate, out of the chil-
dren*8 hands. But let us pursue the matter still further.
Admit the estate to be realized. It must come, of course,
into the hands of the executor. What if he should fail in
his duty ? Would not the estate pass from the heirs ? No,
it is said, if his surety were available. That might happen
not to be the case. Moreover, himself and the executor
might act in collusion. And then who could evade the
consequence ? Like other men, they could if they pleased,
be guilty of fraudulent itnolvencj i or increase the number
of absconding debtors. Id any of all these numerous con-
tingencies happening, and more might have been named,
what becomes of the testator's designs ? Where is the se-
curity of the heir ? What dying man can say he has la-
bored for his children ? If they do not get his property, he
certainly has not labored lor ikem. He has labored for
some one else, and ie will not know for whom.

On the ground, then, that it is impossible, in a very
great many eases, to fulfil the MlaittM# of the deceased,
it will be advantageous to took for a better system. For

although it may be said, that in a great majority of instan«

20*

234

ces, estates descend in the way in which their fimner pos-
sessors desire them, yet there are not wanting miny in-
stances of a contrary description. And these are pregnant
with great efils to those who are afi^ted by them. They
are too well understood and felt, to need any elucidation.
To place numerous families without resources of property
of any kind, into a world which seems to be goremed al-
most altogether by one ruling principle, avarice, is calami-
ty too much to be contemplated with indifference. But
such calamity is no greater to him who has had an estate
intended to have been given to him, and who did not suc-
ceed in obtaining it, than to him who is possessed of no-
thing, because he had no parent or legator able or willing
to give him property.

Inasmuch as I am now speaking of the pdUcy of wilb
altogether, separate from any consideration of them as
being consistent or otherwise with the equal rights of all ;
it is not out of place to look at their moral action, in a-
nother point of view. Who does not know the insincere
course of conduct, which the expectation of possessing
property through the medium of wills, generates in those
who have a right to indtdge in such expectations ? Do we
not know, that, particularly the latter part of anyone's
life, who has property to any considerable amount, to give
away by will, is assailed by every species of flattery, fraud,
and cunning ? And when the unhappy man is about to re-
sign his life, who does not recognize, around his death-bed,
a: scene, very much resembling the hovering of carrion-
crows over a dying horse, wishing every moment to be his
last, in order that they may feast themselves on what re-
mains after death has done its work ? It would be no
small service rendered to our race, if such a disgusting and
revolting moral nuisance were eradicated from all human
societv.

S35

Nor 18 this death-bed icene of immoralUy that which is
the most offensive to every feeling of pority and virtue, of
all those which the exercise of the power of making a wiU
presents to our view. How oflen do parents in possession
of property, while living, employ it as the instrument of the
most revolting tyranny ? How often is the son, under the
fear of being disinherited, compelled to comply with the
unjust and iniquitous desires of the father ? How often is
the happiness of the daughter sacrificed, by being compell-
ed to marry a man^ whom her parents order her to marry,
but whom she regards with indifference, and often with
disgust ? And what, in such a case, does the exercise, by
the father, of this power of making a will, produce, but the
legalized prostitution of his daughter ? Yet this is what
happens almost daily ; and men have not seen how this
great demoralizing agent is to be 'exterminated from all
human society ; nor even thought, except in few instances,
that a power producing such efibcts, must necessarily be
one which has no just right to exist ; since no man will
pretend that he ought to have the power to prostitute his
own daughter ; thougli such is the power he actually holds
in his hands, under the present order of things.

In my third chapter I have abundantly shewn, I think,
that man cannot oum property after he ceases to be ; nor
give direction tcho shall own, to the exclusion of another ;
or how it shall be disposed of; that to allow of such dispo-
sition, would be to interfere with the rights of the living,
at a future day ; and therefore is not to be tolerated, any
more than any similar injustice is allowed to be practised
with impunity, in a society of individuals now living. For
justice is as much to be practised to those who are absent
as to those who are present ; to those who are on distant
journies, as to those who are at home ; to those who have
not yet arrived on the stage of existence, as to those who

236

iiave. It does not take its character from the wishes <yf
any man, or of any generation of men. from aiy period of
time, past, present or to come. It is eternal and un-
changeable, and operates, if it operate at allp fiv the equal
benefit of all. But, notw ithstanding all this is self-erident-
ly true ; although every human heart $ as well his, who
feels tyrant-propensities, as he who suffiars the anguish they
occasion, acknowledges their truth ; still does there lurk a
wish in the heart of him, who is now wealthy, to extend
his monopoly beyond the grave ; and although he cannot
see that it is right, at all, for him to will away the uuderiaU
of the world, so to qpeak ; to throw, for ezam|^, if he had
the power, the plantation on which he has once lived, into
the middle of the Pacific Ocean, there to be sunk in the
fathomless deep, or to commit any similar aimifailation of
property; yet he feels ** one longing, lingering" wish, that the
lobars of his life, the ruuU of his yearly toUs, those prodoe-
tions of his personal exerlioM, should be at his disposal.
Strange man ! If such be your wish, if you are so inhuman
as to desire, when you are about to slumber in the dust, as to
make a preference, (for that is all that remains in your
power) among those to w^om you would give your laborst
when the Creator has made them all equal, and knows no
difference among them ; show me which and what are your
personal labors, and how your wish can be accomplishedi
and you shall be gratified. If you have made for yourself
a bow, from materials obtained in the forest — ^go, and re-
place that material as you found it ; and ^youcan paaeeet
yourself of the labor, and the labor only, which you em-
ployed in its manufacture, go and bestow it upon whom
you please. If you have made yourself a pipe, in whicli
to smoke your tobacco— go and restore the clay of which
it was made, to its original place and condition as you
found it ; and, if you can possess yourself of the labor yon

237

expended in its fabrication, give it in welcome to your
succenor. If you have written the Iliad, go and restore
to their original condition, the materials of the paper, ink,
^c. which were essential to its existence among mankind ;
then, ^ffm^ can detach the labors you employed in its com-
position, from all connection with physical existence, my
sensoriom or another's, give them in welcome to whomso-
ever you will. If you have made a ship, replace the mate-
rials, of which it isxmadci in situations and conditions as
you found them, and tfyou can lay yam hand upon the la-
boTt upon the industry you employed its construction, do so,
and give it as you will. But, touch not material ! Take
only labory skill and fancy ! All else belongs to the sue-
ceeding^generation. Even the materials of your own body,
the moment that animation has departed, belong to th«n,
and not to you. They can, as they have ever done, make
such disposition thereof, as to them shall seem fit

Say not to me, that you will exchange some of all your
vast amount of labor, for our materials. We will not con-
sent. • We will make no treaty with you. For what could
labor do % All that you have ever exercised, and all that
the whole human race have exercised, since their existence,
are not competent to the formation of a grain of sand.
If, then, you cannot give us the equivalent, even for the
very smallest fraction of a gram of sand, why should we
allow you to bestow it away ? Besides, it is only ours dur-
ing the period of our existence ; when it will belong to our
successors, who will talk to us, as now we talk to you.

Besides, is it not altogether possible, that you have re-
ceived the benefit of the labors of a preceding generation,
from ten thousand sources, fully equal in amount, to that
which you now so reluctantly transmit to the generation
which is to succeed you ? Are yon nqt in fact a debtor ?
Are you not, indeed, a very great debtor ? Have you no^

238

had of enjoyinent, yourself, a hundred, naj a thc w MMi d , oc
ten tboutand times more than you couki hafe had if pie-
ceding generations (and that without any regaid to those
of your kmdred among them) had not left tkttr labors be-
hind them ? And is not this, of itself, a suflioiwit reasos
fbr you to wave your pretensions altogether ? One would
surely think it was.

But let us make another investigation :— -Some one
will say, as many have often said, *' this is nsy property;
** I have made it by my industry ; it is the work of nj
'*own hands; therefore is it mine, to will away, at
*^ well as for any and every other purpose.'* If it be iUi,
his ii iSf beyond . all dispute ; and his shall it remaiD,
for any thing that I will do to dbpouess him. But let v
inquire. Let us ascertain, when a man boasts how modi
he has done in his life tmie, by bis otm tadiMfry ; I ny,let
us ascertain/or oMrseleM, how much, after all, it may hap*
pen to be. Over-estimates are a very common thing ; and
happen as often among rich boasters, as any where else.

Let us take the supposition that Lorillard shall give his
Ave hundred houses, and other property to some single
legatee. If he manage them with prudence, with tndustrifi
I suppose be would say ; inasmuch as principal at five per
cent, per annum (whether it comes in the shape of rent or
interest is all the same) doubles itself in a little more than
fourteen years ; let it even be fifteen ; bis bouses would be
doubled in number in that time ; and in fifteen years more,
they would be doubled again. So that in thirty years from
the time at which the legatee came into possession, be
would actually have fifteen hundred bouses more than
Lorillard left him, making an increase of fifty houses a year!
Is it now to be said that this annual increase is the labor,
is the industry of one man ? Is it to be said that he has
performed the ejuteoJen^ of so much work ? Would these

ftS9

houses htf e been built, or their equinalent ii) labor per*
formed on somiBUiing eke, by this legatee, (who in the
mean time has not HRed his hand), if, at the time, he
received bis legacy, all the poor, who perform the labor
that supports the whole human race, had been struck cNtt
of enstenice ? Do not these same poor men see, that they
are theslaTes c^this vast poss^or of property ? Do they
not see, that their fathers have been slaves to his predeces-
sor ? Do they not see, that their children, if this state of
things is to continue, will be slaves to bis successor or
successors ? Do they not see, that they will be required
to build for them, in the next thirty years, 6,000 houses
mom ! which, under a new order of things, they
would build for themselves, or employ its equivalent in
something else ? And for what is all this? What par«
ticular service to mankind, does Lorillard, or Lorillard's
successors, or any man's successors, Tender more than
themselves ? Is the work of creation to be let out on hire ?
And, are the great mass of mankind to be hirelings to
those who undertake to set up a claim, as government is
now constructed, that the world was made for them?
Why not sell the winds of heaven, that man might not
breathe without price ? Why not sell the light of the sun,
that a man should not see, without qiaking another rich ?
Why not appropriate the ocean, that man should not find
space for his existence, without paying his fellow-being for
it ? AN these things could be done if it were practicable,
with as much propriety, as the present exclusive and eter-
nal appropriation is made, of the land and^H that belongs
to it.

Mankind have enquired loo Uule after their rights, their
interests, and their happiness. If it had not been so, such
enormities could not have been allowed to take place, dai-
ly and forever before our eyes, without having been reme-

340

died. They could not have been plunged into auch deep
distren and degradation as we now lee them. The high
and the lofty, those who ha? e become ao, from the inevit-
able operation of causes, which they did not bring into
being ; and which neither they have bad» nor could have
had the power to control ; would have been tomUed fiom
their elevations, and seated on a level with their fillow-
iieings. Then would they have enjoyed their equal
chance of acquiring property ; for then, would tbey have
had only their equal share of it, to begin with ; and with
this, they could have had only their proper opportunity to
employ their industry and talents ; others would have been
in the same enviable situation ; and no one would then be
found, in such necessitous condition, that he must work
or die ; and work, too,'' on such tenns, that a eery gnat
share rfthe vdbie qf-hisr- labor must go to the empiojfer^ or
to him, who, nqmattct how, ^ilbrds the means of employ-
ment!

It is not long since a member of the Common Council
of this city, i do not now recollect his name, and on some
occasion of which I do not remember exactly the nature,
indulged in a strain of feeling and invective against the
poor, which brought forcibly to my mind, a tragic affair of
the French Revolution. In the origin of this affair, a very
wealthy citizen of Paris, w^ guilty of saying, in an exas-
perated tone of feeling, that the people were no better
than horses, and ought to be fed on hay ; or words to that
effect ; the consequence was, that the populace , became
exasperated in their turn, by the barbarity of the expres-
don ; they seized him, cut his head off; stuck it on a
pole ; filled his mouth full of hay ; and paraded through
the streets, in revenge for the unfeeling manner in which
their victim had spoken of their rights and their happiness.

On the occasion to which I have alluded, the honor-

241

able member launched out into some intemperate expres-
sions against those, whose lot, as society is now modelled,
it is to perform THE LABOR THAT SUPPORTS
US ALL ; such as this, *< that he who would not work
ought to starve.'* ' There is no occasion to question the
general truth of the observation ; but the barbarous
Jeding with which, it struck me, it was uttered, could not
fail to raise my indignation. 1 could not but resent it in
the name of my fellow-beings, as an insult to that class who
now perform all the work that is done in our support, as^
well of the honorable member, as of all others, implying an
unwillingness to work, which there is no kind of propriety
in laying to their charge. But it implied also mor^. It
implied, that it is right enough for a certain description of
men, among us, to live without labor of their own ; while
others are called upon to labor, not only enough to support
themselves, but to support also,, these DRONES in the
hive into the bargain. It is tlie object of this Work, to
inquire why these things should be. Why is it, that men,
at our Hall, or elsewhere, should not be called upon to
perform the labor that supports them, as well a^ other men ?
If a man will not work, why should he not starve ? This
is a question which may well be asked, if it is intended to
mean, that aU men, shall be called upon to work alike; and
to depend solely upon the labor of their own hands, and
draw, nothing from the labor of others, but what they are
willing to pay for with an equal return in labor of their own
hands, I agree to it. It is in object which I wish to see
accompliahed. ^ And it will be the object of every man,
who has not been corrupted by the sweets of another's la-
bor. Let all our legislation square with this principle ;
and there will then be no occasion to suffer large estates
to descend to particular persons ; for these it is, (and it is
nothing else) which enables them to live on the labor of

242

otbers ; nor on iho other band, to mainf tin an order of
things, (be result of which is, to leave an imnMBse portioD
of our population without property of any kind whatever,
in the utmpst misery and wretchedness.

Bu^the honorable member, there is every reason to be-
lieve did not contemplate so general an application of bis
maxim. But, why should he not ? Is it not quite as
reasonable for a poor mata to eat a good dinner, without
having labored to earn it, as for a rich man to do it T Is
there a difference in rights ? Is there one sort of rights for
one class of men, and another for another ? May one do
lawfilly what the other will do criminally ; have we two
codes of law among us ? Have we a law for the LOlipu-
tians, and another for the Brobdingnaggians ? We have
been told, in the Declaration of Independence, that ** all
men are credited equal ;*' but if one roan must work for
his dinner, and another need not, and does not, bow are
we equal ? If the gentleman shall say, the rich man has
property, and the poor roan lias not ; then the question is
only changed for another ; what is his right to such pro-
perty ?

If it should turn out, that he has no better right than he
whom now he calls poor, and on whom he casts his in-
sults ; it would at least compel him to make his applica-
tion of his maxim, more general, I presume, than he had
intended to make it.

In order, therefore, to ascertain the poor man's rights,
or the rich man's either, we must go back to the first for-
mation of government.. When we have done so; when we
have ascended to the first era of society; where do we find
our poor man ? Where do we find our rich one ? They
are no where to he seen. Every thing is in common at
this period. No man can call this tree his, or diat the
other's. No man can ^^ay this field is mine ; or that is
vours. Field there is none. All is one wide common,

243

iiHapproprlate to any. How they did appropriate, when
they resolved to divide among them, that which equally be-
longed to all, we may not know at present. But, how
they ought to have divided, we know full well. It is en-
graved on the heart of man, and there is no power, while
he lives and has his faculties, that can efface the engrav-
ing. That heart tells him, what it tells every man now
who has one ; that he has an equal right with any and
every other man, to an equal share of the common pro-
perty ; or its undoubted equivalent. That heart tells him,
that if, previous to any time^ the soil, the common proper-
ty of all, has been pre-oocupied by others, it is his right to
demand an equivalent ; or, as the only alternative left him^ '
to enter by force, if necessary, yito the possession of that
which belongs equally to him, as to another. That heart
tells every citizen of this State, or of any other State^ that
he, too,has the same inalienable right to his portion of the
property of the State. That heart tells him, that if those
who have first occupied this property, have done it in such
a manner, as to shut him out^ of his equal original right ;
and have not given him his equwahnt, in lieu thereof, it is
his right, and those who are in the same condition with
him, to combme their exertions to produce such an ar-
rangement, and. division of the State, as will be able, even
at this late, or at any later day, when they shall possess
themselves of power enough to do so$ to secure to them-
selves the enjoyment of their own equal portion. That
heart tells him, that no leiigth of time which oppression
may have endurod, can l^alize its existence : and that
the day of its death has come, when moral and physical
power enough is found to exist to be able to destroy it.

How, then, if the present people of the State of New-
York, had now for the first time, met on its soil, and were
dboot to make appropriation of what they found here, how

244

wooU they proceed ?. If their knowledge and eijpefienct
coDTinced them, that the qntem of printe aod eidiirife
property, in erety thing, .or nearly so ; and eonaequent
upon thia ayBteim, theayBtem of one purauiiig one occupa-
tion and another another ; and 00 on throi^^ the whole
circle of occupationa; waiibetter adapted to pmnotettttr
cflpfort and bappinesa, than any other ; becaow* the amn
tptal of the eflbcta of their indiiatry would ba greater in
tUa way;, than in any other; wotild they nol»,. then, be
likelytopuraueaachayatenia? Woi^d they nddiyide the
State aa nearly' eqiui aa poerible? Would Aey ghre to~
one man a territory, eqaal to the county of Reuaelaer; to
another a territory equal to thejcounty of Putoaiti; and
to a thooaandi or ten thousand others, none at all, or any
equivalent ? Would the thousand or ten thousand, if tbey
understood their ri|^ts, sanction such a division aa thk ?
'Would they not overthrow it in an instant ? • Akid if, two
hundred years ago, such an appropriation, or a similar one
was made, shall it not be overthrown now ? Shall it 'BOt
be put out of existence now, and every thing, as it regards
equality, be placed in the same condition as if it had never
been ? Is the error, is the injustice of such a distribution
of the soil and property of the State, to receive our sanction
because it has existed two centuries ?

Well, if the people of the present day, upon the suppo-
sition I have made, that they were now, for the first time
met upon its soil, would not sanction or authorize such an
unequal distribution of property ; ought they to be called
upon to sanction it now? Ought they to be called upon,
and besQUght to forbear, and not to break it up ? Whose
benefit is that, which calls upon the people any longer to
tolerate such an injustice ? Is il the benefit of the people
themselves ? Is it the benefit of their c{)ildren, and their
children's children to the latest generation ? Or is if the
rthe single individual among ten thousand t If,

245

then, the people, by alteriog this condition of things, can
yet make all things equal, and consistent with the original
rights of all ; and can, among others, make the same pro^
vision for him of the ten thousand ; ought it not to be done ?
Who is to gainsay ? No man, nor even any majority of
men havcy or ever ha/oe had, or eoer can have any right to
destroy the equidity of rights, or to euffer it to he destroy*

' ed. It belongs, inalienably belongs, to each individual of
the universe, even though every other individual in the
same universe, should oppose its admission or acknowl-
edgement. It is not in the moral power of numbers to say,
it shall not be.

Let it not be said, that because the soil of the State has
undergone a vast change in its valuej by the progress of
improvements; by the labors of art find industry, which for

' two hundred year's, have not failed, in the possession of
the present and former owners to be bestowed upon it ;
that therefore divisioa ought not now to be made. Whoae
were these labors ? Were they those of the proprietors ?
Were they those of the rich man ? On the contrary, were
they not those of multitudes of men, who had as good a
right to the soil they cultivated for another, as that other
himself? Were they not those of the ancestors, of the
fathers and grandfathers, of the present generation of poor
men ? • Were they not those whose bones now sleep in
dust along with those who never labored at all ? What
right, then, has the rich man of the present day, to retain
possession of the result of the labor of their lives, and to
deny it to their children ? What right has the rich man of
the present day, to hold by inheritance from his ancestor,
the labors of a previous generation, when even the ancestor
himself had no kind of just title to it ? If there is any one
principle, among all the principles which prevail in goven*
ments organized as they now are, which can be allowed to

21*

S46

hATe an opentioo here ; itk, thai ike ekSUgm of iiue
«Mt ^/oO. tetf, «< lfl«<> « e^Mi <icle to ik$ Ukars «f
ti^eir aiiifiri. with tbai of the aoo of ham wh* aerer la-
boced at all; who hied oo the labor of odwn ; and who,
if it he yet said, as it maj aometiiiies be, with tmtiiy that
he did khor as modi as the poofest man lifing, coold
certainly daim for his son, no more than an ofsni share of
all these improrements, d all these prodoctioos of art and
industry. *

Nor let the man <^toil ; the man <^no possesHons ; for-
get to understand himself. Let him not bdieie that there
is aught of value or of worth in man, save such as he and
his kindred producers, bringforthto mankind. Let him
not forget, that all these iraproTemenls ; all these produc-
tions of art and industry; the surviving fruits of the labor of
his ancestors, are now actually less, than they would have
beeo, if rich men had never existed. For every dollar paid
to them by way oi Merest; by way of rent for bouses and
lands ; by way of projk in trade or manufactures, over and
above the same return which poor men receive for similar
service in superiDtendance ; is so much for idleness to sub-
sist upon. Let him not fail to see, that the Grand Canal
would have been made at less lahor furnished by the class
of men to which he belongs, but for the existence among
us, of what are called, men of fortune. For the labor on
which these have subsisted, and that, too, which tbey have
wasted, has been drawn from those whose rights I am
vindicating ; and this labor might as well have been given
to the Canal, as to have been given where it was. It
would have been better. For all that is given to support
the rich,. (or the poor either) who by their labor, might be
able, if they had the opportunity, or were compelled to it
by necessity arising from the operation of equal laws, to
support themselves, is so much thrown into the sea. Let

247

us look then upon the rich man, as be has been, or as be
now us, among us, rather as a curse^ than as a blessing;
rather as a something, himself, which it is proper to exter*
minate, than to allow him to arise in the midst of us, and
say, ''The changes you /design to make, shall not be
made." Nor let the word exterminate^ be thought a harsh
one. Both rich and poor ought to be exterminated : the
latter by being made what we may call rich ; and the for-
mer by being brought to the common level. ^

If, then, the soil, in its present cultivated state, as vi^ell
as in the condition in which it come? to us, from the hand
of its Creator ; with all the results of the toil, skill and in-
dustry of the present and former generations, as well as
when none of these existed — belong to the present people
of the State of New York— <what is the disposition, which
they may and ought to make of it ?

That it would be an equal division in the first instance,
no man will doubt. For if he did doubt it, if he did believe

that it would be unequal; afld further, if he could, believe
that himself cou\d have the larger portion ; he would not
object. If, therefore, any man objects to a division, it is.
because he expects afler a division is made, to possess less
than he possesses now. It is not in the nature of things,
that he should object on any other ground. Whoever,
therefore, does object to a division, not only desires to have
that which is truly his own, by just and equal right,.but
that of his fellows — a hundred ; a thousand, or ten thou-*
s^d in number, in addition thereto. But these, when they
understand their rights; when they see clearly what be-
longs to tbem, as much as the same in amount belongs to
another, are not to be prevented from possessing it, by any
thing which can be done by any human agency.

The division, therefore, beyond all question would be
equal. At least it would approach as near to it, as it

248

would be in the power of the community to make it I
am not to be understood as meaning anj thing bj equality,
other than that the value of the effects of our citizens,
whether it be lands, or ships, or goods, or whater^r else it
may be, would be apportioned equally among us all. And
if it were not exactly equal ; if it varied from eqaality, say
by five, or ten, or fifty dollars in a thousand, it would be
because, under present circumstances, or perhaps under
any, a division mathematically equal, cannot be made.
But it is not necessary. It is sufficient that it be substan-
tially so. And thiR it can be without anj difficulty, arising
in executing such division, whatever.

But, after this equal division be made, how is it to be
perpetuated ? How is it to be maintained ? How is it to be
preserved, at least so far, as to allow wealth, in any man*s
hands, to accumulate no faster, than his greater talents,
strength, ingenuity, industry or economy, will enable him ?
So far as these qualities are possessed by any man, tbey
ought not to be denied having their full scope. But at the
same time, they are not to receive impetus, from having
the opportunity of operating upon the destitution of ano-
ther. Wealth is not to be allowed to augment its trea-
sures, by making treaties of profit with poverty and misfor-
tune. Care, then, is to be taken that such poverty and
misfortune shall have uo existence.

The question, then, arises, how is this to be done?
Divide the State equally to-day ; and all will be equal for
the moment. But if you give to any of these equal pos-
sessors the power to consider that which they have re-
ceived, as being theirs to the end of time, what will not
Jiappen? Suppose these possessors to be, all fathers;
tohave an equal duration of life ; to have an equal num-
ber of children, who shall be supposed to hav6 an equal
duration of life also ; to have equal talents, strengtii, jnge-

24d

niiiiyy industry and economy ; still under all these circum-
stances, property would soon become vastly and enor-
mously unequal. And why ? Because each of these pos-
sessors ; if he have the power io the end oftmef as I have
supposed him to have, of disposing of that which is now
hisy could and would will it away unequally. He would
entertain, such is every day the fact among us now, anr
tipathies to, or less partiality for, one of hiscildren, than he
would for another. He would bestow his property accord-
ingly. To him, whom he disliked, (wisely or unwisely, it
is no matter) he would give nothing. He, therefore,
would be the first of a race, and ultimately of a very nu-
merous race of poor men ; of unfortunate human beings ;
without resources of property ; and, therefore, dependent^
even for their very existence, upon the pleasure, the ca-
price, the tyranny, or the folly of others, who, no better
than themselves, had yet the better fortune to be the fiivor-
ites of some former possessor of property, now slumbering
in the dust. To him whom he liked less than another, he
would give little^ and he would be the father of another
race, who would be more or less of tyrants, or more or less
of slaves, and dependant beings, as the property their an-
cestor should receive at the hands of bis father should be
of greater or smaller amount. To the most esteemed, he
would give all, or nearly all ; and here, then, would be the
source from whioh inequality would spring, and continue
to grow, never to be repressed, as long as present circum-
stances continued. This possessor would be in the situa-
tion such as now we behold the rich to be. If it pleases
any one to say so, let U he said, that with his greater
talents, strength, ingenuity and economy, he goes forward
in the career of life, to add to his already great possessions ;
, yet it is not on these alone, that he depends for making
acquisitions thereto. No ; it is on the still better, the still

250

more productive resource which he finds he is in poaBeasioo
of, in the destitutioD, in the absolute want of efeiy tfaing,
in which he finds a vast mass of men around him. It is on
thu dutMum ; it is on thit warU; it is on tki$ jfMwrfyi
that he bhngt his personal qualities, and his hereditary
possessions to bear, with a most appalling energy. And
tpHhoui such destitution ; witkoui such vast bodies of men
around him who are obliged to make a treaty with him, as it
were ybr their Iwes; what would he do with his greater
talents, strength, industry, ingenuity and economy, about
which he and others,* talk so much, and talk so much in
vain ? Would they avail him, to obtain those vast aug-
mentations to his estate, which it is now so eiasy to ac-
complish ? Most certainly pot. How alarmingly hostile
then, to human happiness, in the case before us, does not
the power of wiib appear to be ? And yet worse than this
happens every dajr'; inasmuch as legators often dispossess
their families entirely, and give to those who already have
other testators to give tbem more.

It would no doubt, abate, in some measure, the evils
growing out of the existence of the power of making wills,
if they were required to be made so as to divide all property
of the father, among his children, equally. But, as all
families do not have the same number of children, and
some none at all ; and if they even were to have the same
number, still they do not live to come to the age of matu-
rity ; so if, in the new disposition of things, the property of
the fathers went to the children, even on the principles of
equality, still a most enormous disproportion would soon en-
sue. One father, may have, it may be said, a fortune equal
to another, and indeed, in this respect, in the division of the

* See Raymond's Political Econom7, Vol, ii. pp, 13 ancl

351

State which I propose to make ; all families would be e*
qual ; yet, one will have twelve children ; another, ten ^
another, eight ; another, six ; four ; two ; and one, and
some even none at all. Where, under circumstances like
these, should we find our system of equality, in a short
time, if vre were to allow the power of wills to come in at
all, even though it required all the property of the testator,
to be apportioned equally among his children ? The fa-
ther of one child would give him all his property ; and the
father of ten or twelve children would give them all kU.
But the child of the former father, would thereby possess,
len or twelve times as much as any one of the children
of the latter father. Would this be right ? Would this be
consistent with the purpose all should have in view, of
maintainmg' that equality, which the rights of every man
require ? But the inequality, thus supposed to be genera-
ted, does not stop here. It may be, that the son who re-
ceives ten or twelve times as much as others of his fellow*
beings of the same age, may also, have one son only ; and
when the father dies, he would be required to leave his
property to him, with all the acquisitions he had made to it,
and that too, under extremely favorable circumstances |R>r
making those acquisitions. But, on the other hand, wjfilt-
ten or twelve children of one and the same father, nnght
" also, be the fathers of ten or twelve children more each ;
and this second generation of children ; 100 or 144, as the
case may be ; would have only so much property, ifeten
that remained^ as is now in possession of a single individ-
ual of another parentage. And every generation would
see the evil increasing in aggravation and enormity. Nor
to the mischievous operation thus placed in review before
us ; is any thing attributed to the effect which would be
produced, by the will of him, who has no children to whom
to leave his property. If, as such things have happened,

262

ke should givo to those who already have more than tfaej
ought to have, the evil would be greatly heigiitoDed ; and
this 18 an event, judging from the past history of mankind,
which is more likely to happen, than the contrary and
more desiraUe and reasonable disposition.

But, we must in justice to our subject, take back ano-
ther supposition. AU fathers cannot have tike same term
i^exUtence, They cannot be supposed, then, to have the
same opportunities of acquiring property, for their chil-
dren, admitting for a moment, what is very absMrd indeed,
that these children are to look to their parents, as such, for
their future means of existence, or comfort, or happiness.
Here, then, is another fruitful source of inequality of pro-
perty, to be added to the foregoing. There needs fvidently,
some other principle than this, on which to' found the ope-
liition of transferring property from one generation to aiio-
thisr.

Once more I am to say, that the ground I have taken by
supposition, is not borne out by facts. All men, in any
one age, cannot be supposed to have the same talents^
strength, industry, ingenuity, or economy ; and, for this
reason alone, it would not be possible, for every father to
be able to leave an equal amount of property to his chil-
dren, allowing every other circumstance to be as equal as
I have made it by my suppositions. Is it to be said then,
that the child's right to property, is to depend on the per-
sonal quality or qualities of the father ? I am aware ; I
know too well, indeed; that every argument that the
imagination of man can conjure up, has been, and will be
resorted to, to defend the miserable system at present pre-
vailing, in the transmission of property from one genera-
tion to another. And I regret extremely, to observe the
talents of a writer, so respectable as Mr. Raymond, so
perverted, as to be employed in supporting a principle,

which would go to no leal & lengih than that of declaring
that the immortal Newton shonld never have had» by any
acknowledgment which bis gaoehtrnmi should hafe made>
the right, eren to the material of so much paper, as would
have been necessary to comdiumcate to the world his
Principia, if his father had happened to have been an idiot,
and in consequence of such idiocy, had been incapable of
obtaining property for him. I am not to be repulsed from
the truth of this declaration, by any other cfeclaration ;
such as, that Newton could have negotiated for the paper
fof himself. For Newton eithei' did, or did i^ot own, in
his own person, as derived from his supposed father,
enough of something wherewith to piir<5hase. If he did
not so own it, and the fact so happened, because of his fa*
ther*s supposed idiocy ; then I repeat, that he has nothing
wherewith to purchase ; for, Although he might offer his
personal sendees ; those who possess the world, and, of
course, the materials of which paper is made, could say
to him ; '* we want them not ; we will not negotiate ; you
<* cannot have the material ; we have monopolized it our-
*< selves ; and the government we have placed over us, has
*< so ordered it, that nothing shall be taken from us, but by
*^ our consent ; and this we do not think fit to give ; you
<< must, therefore, remain without the paper you so much
<« desire."

Such without number, are the absurdities, which great
men as well as others must encounter, when they leave
out of view, or have never found, the true sources of our
rights.

But there is yet another exception to our list of soppo-^-
sitions. Although to day, property sho&ld be made equal
among us all who are of the age of matunty ; and, al*
though an additional supposition were made, that no more
t^ersons were to come among us ; and, that we were to

254

oontinae forever in the poflBesBloo of what is nowaaaigned
equally, as we think, to each of U8 ; still, we ahould soon
dkcover sources of inequality springing up among us. Jo
what would these consist ? To-day when diiriaion is made,
a mine of the precious or other metals, which, ever to this
time, has been productive and profitable, is given to some
one or more, as his or their equal portion. In a month
or m> afterwards, it fails to be productive of as much pro-
fit as heretofore ; and, finally ceases to be of any value at
all. On the other hand ; on the property of another ;
where, at the time, when division was made, there was not
known, or suspected to be any such mine, in a month or
so afterwards, it may be, discovery of it is made. Here
then are two sources of inequality ; the one acting to dd^
press, the other to exalt the condition of the respectivis
proprietors. And, it is easy to imagine a multitude oi
sources, of a similar character in kind and degree. To b6
prepared to meet all these, to-be-expected occurrences is
a part of the duty of those, who shall be prevailed upon to
attempt to give to man in society, the rights which belong
to him, in a state of nature, or in lieu thereof, his un-
doubted equivalent.

Amidst all these sources of inequality, it may appear,
that we might, without subjecting ourselves to any unwor-
thy imputations, set ourselves down in despair ; and con-
clude that nothing was to be done. For, of what use would
it be, to provide for an equal division of property, if it
could not be perpetuated, from age to age, from genera-
tion to generation, without breaking in upon the operations
of the living ? To make a general division nqvr ; and
then to be obliged to make another in a month, or a twelve-
month, or even in a life-time : in order to preserve the
same equality of rights, in our social as in our natural ex-
istence,- is an evil of no ordinary ipagnitudc. But,

256

happily it is not necessary. The /eadec will have seen^
long before^ he has proceeded to this extent, in the peru*
sal of this work, the means by which it is to be accom-
plished. It has been necessary however, for me to pursue
the discussion of this subject, in the way in which I have
done it ; not so much to recommend the utility of the me-
thods to be pursued in giving to man his rights in question >
as to remove the train of falsely founded ideas with which
he may be impressed, and which owe their origin to his con-
templations of society, and of man in society, such as he
has ever fouild them.

It ia necessary ; because it presents the only means of
giving to every one now living, and who is of and over*the
age of maturity, his equal share of All the property of this
State, of whatever kind it may be ; that a General Divi-
sion of the whole of it, should take place in the first in-
stance. But, it will never be necessary again, to disturb
the operations of the living ; by interrupting the plans of
life, which each individual has marked out for himself.
Nor would it have been necessary now,"if two hundred
years ago, or at any period subsequent to that, and ante-
rior to this, all men had been placed in possession of their
rights. But, as they were not ; as they still continue to be
held in the possession of others ; it is right ; it is proper ;
it is requisite, in duty to those who have to this time, been
despoiled of what is their own ; to wrest it from those who
now' detain it from them. It is time, now, that each
should begin to live for his own happiness, and to draw on
his own resources for its promotion, it is time, now,
that he should begin to Jive for himself; and, not like a
slave as he truly is, for the benefit of another. As 'every
man's share of the property of the State, is essential to his
pursuit of such happiness; it is right for him, and for all
who like him, are in a similar situation, to rise, in the

250

majesty of their right, and claim at the hands of man, that
which he holds by title from the Creator. Nor, if it to be
objected, that it would produce aU the eiila of a general
bankruptcy. There is no doubt, that all thoot vast pro-
prietors, whom to pull down to the juat level of their fel-
low-citizens, is the prime object of this work, will feel it,
indeed, to be very much like bankruptcy to tkem; but, it
will be very far from deserving that character ailer all.
For, they will have assigned to them, if they will have it so,
as much of the effects of the Bankruptcy as any of their
fellow citizens. And, are they to set up a hue-and-cry,
that, having always had more, they cannot conttmie to have
it still ? Besides, I am willing to suppose them for a mo-
ment, for argument's sake, to be utterly reduced i reduced
to the possession of nothing ; is it by any means, an un-
common occurrence ? Every day, do we not see instances
of great wealth lost to the possessor in Mo^ and himself
and family reduced to extreme need ? And yet, this ex-
cites very little commiseration any where ; not so much,
indeed, as it should. What propriety, then, would there
be, in any man's resisting his own reduction to the com-
mon level ? After that, if he can ascend above his fellow-
citizens, by virtue of his superior enterprise, industry and
other commendable qualities, he will be welcome to do so.
But I am anticipating myself. I said it would not be
necessary, ever again, after the proposed first General Di-
vision, to have another. The remedy against the neces-
sity for its occurrence a second time, is natural and easy.
Let there be no wills. It has already been shown ; that
they do not exist, of right ; that they originated in wrong
and usurpation ; and that they contravene the rights of the
succeeding generation. When we appear on the stage ol'
existence, we are ourselves, the posterity of those who
l)avc gone before us. In our turn we shall be the ances.

257

ton of those ^ho are to come after us. In the first in-
stance,.it is to out interest, that our ancestors should have
been just to us. It is but justice In us, that we practice
the same rule of right to those who shall succeed us. Let
then, each generation manage its own affiurs, without
being interfered with by those who have gone before it ;
and without interfering, itself, with those, who are to come
after it. This is genuine justice ; this is true policy.
Let this be resolved on, and all is easy to accomplish.

Wills, then, are destroyed, they e&ist no more to curse
the earth with calamities. Let the dead rest in peace ;
and be suffered no longer to disturb the living. Let a dai-
ly register be kept of them, as they depart from among us.
Every day^ if you please, let the property of those, through-
out the State, who shall die on that day, be assigned to
those, also throughout the State, who shall on the same
day 9 arrive at the age of maturity ; let it be divided equally
among them all, male and female, and given to them as
their patrimony forever.

Thus will it be easy to cause a perpetual and imper-
ceptible transmission of the property of the^State into the
hands, (and equally too) of the succeeding generation.
Every person will take that course of life that suits him
best ; pursue it undisturbed, till he shall choose to change
it for himself, or till he shall have lived out the term of his
existence. When he dies, he knows not who his succes-
sor or successors are to be ; but this is of little consequence
to him. If he shall think it accords better with the dictates
of nature and reason, or either, that he should feel more so-
licitous for the welfare of hisoim children, than for those of
others, although the Creator has made all equal ; it will
be sufficient for him, that his children are provided for, by
the State, from the eifects of deceased persons, forty yean^
it may be, before the expiration of his own existence ; that

258

iliey have Heir patrimoDy in the morning of their liveS;
without distressing or disturbing him for a dollar of it ; and
pursiie their course rejoicing ; that» even his giand-chil-
dren, will or may have similar provision made tn them,
also* in the same way, before his race is mn. How
much more consoling to him must such a system appear ;
than that which i^alls upon him, either to see two or three
generations VHxUing fur his deathy in order that they majf
have wherewith to provide for their welfare ; or to see
himself compelled to give up, during his own life-time, for
the saHrfacHon of their wants, what he may feel to be es-
sential to his own. How much more agreeable to his feel-
ings, than the present wretched system, whereby, he may
be stripped, through calamity, or villany, of all that he has,
and thus have it in his power to give to his children no-
thing ? Whereas, under the system which it is my happi-
ness to propose, nothing of this sort can happen ; and
consequently, his and all children, on coming to the age of
maturity, will have provision made for them, of which no-
thing can deprive them.

It is probable, that these enlightened and humane con-
siderations may fail to have their full weight on the mindts
of some rich proprietors ; but, with how much propriety
may not the government address them ; *< you are rich, it
*' is true, to-day ; but, you have no assurance that you will
'* be rich to-morrow : we order you, therefore, to submit
** to the introduction of the system in question ; that the
*' future happiness of your children, may not be dependent
** on any contingency whatever, which may befal^ou. Your
•* ofispring have rights, which we will cause you to re-

* spect, and which we will not suffer you, either, to vio-
•' late yourselves, or to place in situations, in which they

* may be exposed to the danger of violation by others.
'■ We will take care that they shall be sure to have an equa!

269

'^ and reasonable amount of property, at the commence*

'' m'ent of the mature part of their lives, rather than to be

*^ made dependant on any one, possibly for a greater sum^

'* at a more unsuitable period of life ; with a probability,

'' that. they may never receive it at all." Rieasons like

these, are such as a whole people have a right to address

to those, who shall oppose that humane and equitable sys-

tem» which seeks to provide for the happiness of aU. And

such, too, is the language, which the children of the

wealthy, if they understand their oxam true interests, will

wish to see addressed to their parents.

Such, in substance, is the plan proposed to be made use

of, to supersede all wills, by means of which, property

may (2a% transmit itself to. the approaching generation.

lAteraUy^ however, to fulfil it, would not agree with that

strict and equal justice, which is attainable, by a trifling

modification. It appears, from registers kept of deaths in

our different cities and elsewhere, that they do not happen

so nearly uniform, one day with another, as might at

first thought be imagined. I have not now at hand

any work of the kind to refer to, other than a printed

<' Statement of deaths, mXh the diseases and ages, in the

<< City, and Liberties of Philadelphia from the first of Jan.

<' 1828, to first of Jan, 1829;" from which it appears,.

that the deaths of iidvZ^persons

During the Spring months, were 449

" Summer do. - - 492

<* Autumnal do. - - 587

" Winter do. - - 487

The average being 504.

So that, if we suppose the births of children to be uni-
formly equal in number, one day with another, throughout
the year, the patrimonies would be as the numbers above ;.
tbiat is,, children born in the Spring months, on arriving at

860

the a|t of oMlnljf wooM raeeife. mj 449 ; lHn» bom
in the fihnterfir diMitiii, would receife 4M thonkomlD
tte Aotemod nonthi vodid raceife 687 ; mndlhonlNm
&4ho Wintor nontlMi 487 : Uie higiieit bainff mUnbna,
nd the lowoit in Spring; the former being aion thn
90 p.tMt above the hitter ; a difference quite tea great to
be admitted to have place, when we can aoeaapf find the
ioMana to remedy it. Andaato theparticalar aMMtffaim
thoae aeaaoaia»* the foregung atatement adda* that tho
giwateit nomber of Adblta died in September, the amalhir
oomber ib May. So thai the diflbreoce wdnU be,/of
IJbfe two monikgf even jet widen
. But, it doea not haf^Mn, aa rappoaed, that the MHif are
equal, one day with anothw throughout the year. The
variation ia conriderable, I have no meana nearnm, of
aaoertuning numberi in thia reapect ; but, <* Obaervatioiii
** made in aeveral countries, concur in detetaniiiig the
** months of December and January, to be thoae in which
** the greatest number of children are born."* This cir-
cumstance, therefore, will^ have its influence, in rendering
patrimonies still more unequal than is already shown. I
apprehend that they might differ so much, as that one
should be double that of another. This would be an un-
pardonable difference ; when, by simply directing aU tke
e^UOes of persona dtfmg vnihxn any one year^ to he divided
among all those who should arrwe at age, during the same
year, (or during the succeeding year icotdd be the same in
principle) f the whole difficulty would be removed, and that
with every practical advantage that coulc^ be desired;
thus preserving all the beauty of principle, VRhich is visible
in the daily division above mentioned. Article 12, of the
PLAN page 141, is predicated on these facts, respectiiig
births and deaths.

/ Malte Brunts Geograpby, Book2f2> n^. 19^

261

With respect to any difl^ncp in the actual value of the
abares, aridiDg to each person at the first General Division
or in the patrimonies ajfcerwards, alluded to already in some
previous remarks, as being a source of (tf eating inequality,
after such division had been made, or such patrimonies
given ; it is to be observed, that under any plan of division
that can be devised, it cannot fail to have wme effect ;
but it is to be observed also, that the evil continually cor-
rects itself during every generation ; fori he who should
find a silver mine on his farm, afler it was assigned to him,
which ivas not known to be there before, could only enjoy
its advantages during his own life time ; when it would re-
vert to the State ; and, be again ofiered for sale, under
such known circumstances, as would ensure the production
of its worth. Nor, could it be said that by selling it before
death, this could be evaded ; for, if it were so sold, by the
owner, and sold for its actual worth ; in that case, this
actual worthf must necessarily be forth-coming to the
State at the time of his death. Tfit were a collusive sale,
for less than its worth ; then it becomes a criminal
transaction in both parties ; and subjects both to punish-
ment iindqr the 18th article, wherein it is prohibited to
give property to another ; the propriety of which prohibi*
tion, if not already evident, will be made so, as further ad-
vances are made towards the completion of this Work.

But, another subject presents itself. We have said al-
ready, that when children arrive at the age of maturity,
they 'are to receive their patrimonies. An apprentice,
having spent the requisite time of his minority in qualify-
ing himself, for the future supply of his own wants, and the
pursuit of his own happiness; instead of going into the
work- shop of a man employing perhaps, a hundred work-
men, as a journeyman ; and surrendering a very great pro-
portion of the value of his labor ; takes bis own share of

f62 \- ^

Vm$ii^.9Biffim IP M proprietor, a joiit jf ^piii m wti
lib«. n^te 001 tf the joiotanub or thtv «^^
liboA triinte. Ml'^tqaat and proper ftrnMimMMag
.loeooh ndei aal iigiiriatioiis as tbof mj oNke iiVDiig
ttemelvee. BiH^ vlMit it to be done Jbr elnHoB taftn^
lliey Mfl^ at oMtsnij t

Artida^te. (Bee PLAN, p. 143), providei dMit « d
** aatiTO bom oiciaem, from the period of tiMir hirtb, U
«* that of their maturity, ehall recme from Ae State, i
'* Mm, paid in monthly or other more cuienieMt ia-
** etahiMiili'^Qal to their Mend decent lamffinanrft,
^* and eopport, according to age and condition ;• and dn
** parent, OTparents, if Brings and not rendnfiwl wnwiitabkj
** by incaptdty or Ticious liiMtii to bilgg ii|l dvnr eUl-
*^ dren, shall be the perMinsanthoriitod %»• loeeive it
" Otherwiia, gaardians mat be appoinlb4>fa ^^ti'iiani of
** aoch children ; and to receive tfieir maJotMfcJBe alfcwr*
** ance. They are to be educated also at the puB|)|b esperin.'*

Governments, as we have heretofore seen them organ*
ized, having made little or no provision for securing Ae
rights of the ooroing generatioo, have, as it were, mipliad '
it dpon the sympaih^ of parents, to make proviaidb, (tte
best they could), for their offiipring ; and from this cirenm-
stance, more than from any natural impulse, which thef
feel iu parenU^ they have been induced to believe, that
the duty of bringing up their owii children, was pecoRariy
incumbent on them^ rather than upon 'others, who itebd in
no relation of consanguinity. But,^why do we feel nwre
particular attachments to acquaintances than Ire do to
strangers ? Not because there is natural reason fiv it,
fivtber than that by some, and almost always, by many
associations, their presence or recoUegtion, gives us plea-
sure. Why do we prefer a countryman to him who is of
another nation ? Not; certunly, because he is a better

263

man ; or more worthy of our esteem or affection. So
uoWf if I am induced to lend my friend, or to assist my
coontryman, rather than others ; ia it to be said, that I do
it from a natural impulse ; and, that if I do not do the
same, for the man who is not my acquaintance, or my
countryman, that still I act according to the dictates of
nature ? Let me be assured that this stranger, that this
foreigner, stand in the same need for the assistance which
I have extended, and would be as greatly benefitted by it ;
then, if I am called upon to say, why I should not as rea-
dily render it in one case as in .the other : what can I say,
but that there is no reason whatever, to make any distinc-
tion ? If there be any, why I do, rather than why I ought,
it is this ; that 1 myself^ may feel more pleasure from ex-
tending the relief in question, to the acquaintance and
countryman, than to the stranger, in consequence of some
association of ideas, agreeable to me, wiiich do not accom-
pany the same transaction as applied tu the latter.

But, it will still be contended, by those who have not
centered the subject, as much as it ought to be, that pa-
rents arc the natural guardians and protectors of their
children ; and, that the duty of providing for their wants,
devolves solely on them asparcntSy in contradistinction, to
their duty as citizens. But, how is this made to appear ?
If such be the (act ; if it be true, that a child ought to look
to its parents for support, and to no one else ; then, ought
not fuUure to suffer a parent to die ; at least, until all his
children are raised to the age of maturity. And further,
he ought not to fall sick ; for, in this case, the child may
fail of that support, which is necessary to the preservation
of its existence. Again, the parent ought not to be vi-
sited by calamity of any other ' • nor be cir-
cumvented by the designing, a i or all that
he- has. In any of these co ling, what

264

■

would bccomo of the resoarce of the child ? Shall thit
be called a natural resource, which is thus ineritably at
the mercy of so many uncontrollable agents j and, more
ospecially, shall we say so, when we can pomt to one,
which cannot fail in any event whatever ?

But, we may go fkrther. How is it to be said, that t
parentis the natural resource of the child ? If that parent
be disqualified by vices and bad personal habits, is he the
natural guardian of such child ? If it be so» then has not
nature done its duty ; and art must supply its place.

But the true theory to be laid down in this matter, is this :
The child, and every child, aS/Soon as it is bom, is co-pro- I
prictor with all citizens, in the property of the State. It is
not, it is true, at this period of its existence, capable of
entering intp possession of its rights of property ; but it
nevertheless has them. They belong to it, and are not to
be taken away from it, without the perpetration of the
grossest act of tyranny. Why, then, should those who
liave no children, contribute, their equal share to the rais-
ing of the new generation, with those who have ? Because
they have the property of these children in possession, and
enjoy the use of it. This is one reason, and it is the same,
in effect, as that whicli obtains, now, where a father dies,
leaving minor heirs. These latter have a right to support
from the estate ; and, to their equal proportion afterwards,
if an unreasonable father, through the exercise of the
power of the will, have not ordered otherwise. But, there
are other reasons. Those who have arrived at maturity,
have not done so, without being in debt »to a generation
which has gone before them. This debt they must dis-
charge, by rendering payment to the generation which
comes after them. If I, as an individual, have no children
myself; I have, nevertheless, received in infancy, that aid
tind assistance, which has conducted me to manhood. I

2G5

mnt, therefore, make retarn to those, to whom ooly it is
ia ny power. Besides, if a new generation were not to
come up ; what would become of me in my second infan-
cy ; in my old age ? There would be none to Jend me
help. There would be none to comfort my Im^ illness.
or to doae my eyes in death. I am to be henefUed^ there-
fore, in the existence of the new race, which is coming
forward. I ought, then, to contribute to their subsistence
and support ; none the lees, because I may not be f he pa-
rent of any of these ; but, myfitUand equal proporHcn^
became they will bestow on me benefactions, as great as
on any one else. Taxes, therefore, will be necessary to
create a State fund, out of which, the maintenance and
education of the ascending generation is to be afforded ;
and I, and every other man, will be properly called upon
to pay in proportion ; not to tlie number of my children,.
but to the amount of my property.

Nor, are these all the advantages, which aU enjoy at the
hands of the rising generation. The greater our numbers
are, the stronger we are for the public defence. The
faster we increase, the sooner are great and beneficial
public works undertaken and executed. If population,
had been greatly more retarded than it has been, in this
State, we might not have had the Great Erie-Canal, for
one hundred years to come. In almost every way, that
the mind of man can conceive, is an increase of population,
beneficial, and beneficial to all ; and more especially will
it be so, v^erever, there shall he an equal, or nearly
eqaal poieeesion of fraperty among the citizene. Even
my very letters cost me less, in the postage I pay on them,
when I am one of a million, than when I am one of a
thousand. There is reason, therefore, in these considera-
tions, why all should contribute to support the approach-
ing generation.

Tb»fiNr» it •fUhnt, tkil tbednlf ^nmt rti *fl#
gm m,M^ 3 ^— »ni»M miiift rfi ^mtfiiy ; and fiiHhi^ltiii-
6il«raliMMM«; tiwit allaw to ptitiln mjM%tiy<h»l»
iNilli they wiD oonftr a|NMi ss, m tbej affimilttMwitj.
It fPod^ lie obvicNirif oniiiit, tberefiMr«,te tepifeft 4ii iolf
apoD {MMoti ottfy ; for, tbkwouklhsiialMHhniitoan-
atoaMw foofoe of inequAitj of property eOMif'thoeld-
fene $ kMeaoA, ee by tmsmting moro, ftMn hmmm ^ttu
ftom ddien, in the reeriDg the newreee, we ilnuli: eMfiifr
fatly* lety greater cootribtrtioiieoB^tfaiianDi tleii*oii4het;
tfaoogh el eqoelly woidd ei||oy ihe fteoefite of Ae obieeti
to wUeb the coatribotioDe were eppropriiiedL TUl,
dterefiMOi is en additioml eonsideretioB. in'^Buppott of
bringing op ebildreo, at the peblie eipenw; fboiigb» in
the ceie» ID abnoet ell Inataeoea, however, of their percflAi.
Ai atited penode ; perhape, at the penodi tf peyflHit»
^ an theee children most be pteeented to the proper Antfce-
rity, to iverify the ftet of their eontinoigd ezislenee, and n-
«dence among as. Or any other meane may be tdmi
that shall seem more judicrous. Register will be kept ci^
the date, and place of tbeir birth, parentage, &c. (and death,
also, whenever it shall happen, interment being made at
the public expense) ; so that all who shall arrive at the
age of maturity, may know Where to look for the proof df
their age and of the {>]ace of nativity ; and so that the go-
vernment also, may have knowledge of those, who, and
the time when, they are entitled to receive patrimonies.

Under the best form of government, which the faculties
of man, at any time, and under any circumstances may be
able to create, there is likely to be more or less of calamity
falling upon individuals, which it will not be able to foresee
or prevent. As each and every citizen, is therefore, e-
qually exposed to those casualties, contingencies and acci-
cidents, by which he may be reduced to necessitous cjr-

«67

cuinatances, requiring isaiisiaiice from those of the com
fnunity, who may happen to have the good fortune to be
exempt from them , it is altogether reasonaUe and proper,
thftt these last should afford the assistance ia question.
They arethe proper authority to judge of the existence of
the necessity that calls upon them for help, and the pro-
per body to give it. Under equal liability to meet with
misfortunes as we all are ; it is manifestly proper that we
should all stand ready, through the organ of our govern^-
ment, to assist the unfortunate ; and nothing can be far-
ther from the spirit of equal and exact justice, than to call
%poj], or albw the children, for example^ to support un-
fortunate parents ; or parents, on the other hand, to be
burthened, or burthen themselves, with the support of un-
fortunate children. More generous and just than this, the
government, in fact, should say to the parent, ^ It is
<< we who will, and whose duty it is, to provide tor your
<' children ; we will not leave, the burthen on you.*' And
to the children it should say ; *' The misfortunes of your
'* parents, must not fall as a calamity on you ; it is for us
'* to alleviate them, since we are altogether more able than
*^ you are to do so, and since, also, it is our duty. We
^* cannot, therefore, suffer you to assist your parents, but
<< as members of the community. You will, therefore, ab-
*^ stain from gifts in any and every form whatever ; not
'^ only, because it belongs exclusively to the community
<( to assist the unfortunate ; but, because, if gifls by pri-
«< vate citizens, were not forbidden, it would open a door,
«« through which posterity might be defrauded out of their
«< rights of property ; since, whatever is given by an indi-
•< vidual to another, is, or may be, so much robbed of the
<< next generation ; inasmuch, as he who gives, will have
« so much the less to leafe behind him, when he dies, as
«» he may have given to another." These observations

S66

explain and enforce, the necessity uid proprie^ of ir-
Uclel6,p. 143.

It may not be amiss to add, that in m conumailylwhick
sha]I have been based upon the equal principleiof Aii,er
any similar work ; men will respect the claimiofnnir
tune, with a feeling of humanity which beloDgi to oar B-
ture as truly benevolent beings ; but, with ahame be hsdi
contrary to what happens in human society ai now eoi-
stituted. Support, therefore, to the victims of nusfbrtOK,
will be rendered, in the new order of thioga, upon priiia-
pics, and with feelings, and with a liberality, which will
leave no one any occasion to regret, that such support
is rendered by the pubUc, rather than by a private band.
Neither parents, children, or others, will be able to aij
that they could, if permitted, have done better for thoie
who require help ; and, they will therefore feel no con-
straint, that they can no longer make gifts, since there will
be no longer any occasion for their use.

Article 20. (See PLAN, p. 144,) is as follows :-
'* Property being thus continually, and equally divided
'< forever, and the receivers of such property, embarking
" in all the various pursuits and occupations of life ; these
** occupations must be guarantied against injury from fo-
'* reign competition ; or otherwise, indemnity should be
** made by the State."

It is possible the reader may ask, what application a pro-
vision of this kind, can possibly have, in a system which
professes to be made to suit the necessities of a single
State ; since any such State, of itself , by the connection
it has with the Union, can have no power to give it a prac-
tical existence ?

The answer is easy. The principles contained in this
Work, are either well founded, or they are not ; they arc
well suited to our condition, as human beings, desirous to

269

ijdake the most of our means of happiness^ or they are not ^
I tbej are either exhibited iq a plain and comprehensible man.
QiflKsSPtbat the people, with proper allowance of time and
* cilCQinstance, can easily understand them, or they are not.
JQ^ then, Ihey arc compatible with man^a nature, a,nd his
lagbto ; and if they ore comprehensible by the people ;
such people will feel them to be essential to their own hap-
pioess; and will not fail to order them to be put into execu-
tion ; and no power will be found able to prevent it.

But, if the people of i&w State, shall thus be enabled to
investigate, and understand this system ; i^d, after under-
standing it, shall be prevailed upon by the causes mention-
ed to a^opt it ; so, also, will the adjacent States ; and,
more especially those, whose population, in the fireedom of
their character, closely resembles that of our own. To
aU the free Sl;ates particularly, will the principles of this
Work ei^tend, if they shall be found to be of any value to
this. The extension of instruction, is now so general
throughout the Union, that, if it be acceptable hefe, it is
likely to be acceptable elsewhere \ and particularly so,
where the evil of slavery does not exist. And, even in
the slave-holdiog States ; the rights of the poor white
man, in opposition to what are now considered as the
rights of the rich white man, will not fail to be demanded
and defended by the former, whenever this Work shall
find its way to their understandings. They, as well as we,
in our 6wn State, will not fail to make inquiry, why it is,

that one white man is better than another ; why he should
possess more houses, or f^nds, or negroes, than another ;
why wills are not as unjust there, as in other places ?
And, if no satisfactory answer can he given 4o4he poor
white man pf the South, by his rich brother ; what is to
binder him and his associates from doing as we c0& and
may do here ; that or, malung a General Divisioii of aB '

23»

272

of Uicir own afiairs, cannot, in any respect, be ques-
tioned.

What now, do we suppose this great community to be

about to do ? To make a General Division, of their entire
clfiscts> real and personal, equally among all their citizens.
And for what purpose ? In the first place, that each may
have, in the midst of society, all and equal the rights, in
substance, which he would have in a state of nature. And
thisy it is necessary to do tiow, by a full and General Divi-
sion, because governments, when they did Ijegin, did not
begin on right principles ; they began, and continued, in
such a manner, that as the result of these wrong principles,
more than niue-tenths of the human race have been robbed
of their right of property, and as a consequence are sla?es
and panders to the other tenth. Therefore, is it necessary
to remodel every thing, and begin on principles that are
true and equal in themselves ; and to organize public af-
fairs, in such a manner as to preserve this equality unim-
paired to the latest period of man's existence. And for
what other purpose is this general division to be made ?
That there may be, among all these citizens , a judicious and
equal distribution of tfie pursuits of industry. Thus more
labor is accomplished by one man's doin^ one thing ; ano-
ther, another ; and so on, through the whole circle of occu-
pations, than could be done, if each one must do some-
thing of every thing ; that is, as much as his wants require,
even supposing them to be very few, limited and unrefined.
How much more is accomplished in this distribution of oc-
cupations, than could be, under a contrary system, no roan
can tell. It no doubt exceeds in numerous instances, seve-
ral hundred thousand times ; and in others, the ratio as-
cends to infinity. It is of the utmost importance, then, to
avoid every discouragement to the full operation of a s}'a-
tem, which produces such wonderful efiects.

273

But what discouragement should I not feel, if, on receiv-
ing ni7 portion of the common property— Hsuppose it ta
come in the shape of money, I should have assigned to me
the duty of making thrnMea^ for my fellow citizens ; my por-
tion affording me the capital to do so, and, on my getting
them ready for use, I should be told, that thimbles are al-
ready broughtin from some other country, and at a cheaper
rate ? Would my fellow citizens be justified in buying those
cheaper thimbles ? Had I expected, that on laying out my
patrimony, I who never wanted a thimble in my whole life,
should not have been able to have sold these thimbles,
would I have made them ? Would I have sunk my patri-
nionyin them, and left myself in utter destitution ? It is
understood, of course, that the return I demand for them is
no more than equal to the time employed upon them. It is
further to be understood, that this labor is no more than
would have been expended, if any other of my bellow citi-
zens had made the same thimbles, instead of myself. What
justice, then, is there, in their refusing to purchase mine,
and in supplying thAnselves from the foreigner ? I care not
what are the foreigner's offers as to price. I do not care,
if he have any price ; he may even, if any one pleases, be
disposed to give them to my fellow cftizens. They shall
not receiive them ! If they do, they break the civil compact ;
the bonds of society are snapped asunder ; and I, and oth-
ers like me, havie a right to dispossess them of their property;
and re-enter into the enjoyment of our original right of
soil ; or to parcel it off into new allotments. For society
is as much a compact to consume the productions of each
other's industry, in total exclusion of those of the foreigner,
as it is for the common defence against the attacks of the
common enemy. The moment a cotton-planter, for exam-
ple, refuses to consume the productions of the spindles,
the looms, or the anvils of his countrymen ; and buys the

t74

like articles of foreign manufacture ; / care noi of wkM
price; that moment he br^ika the Social Contract; and
society has a right to thrust him from bis pianlition, and
order him to go, and from bis own experience lean bow
useful it is, not to requite industry with its just return. Tbe
truth is, that plantation is not hisj unless he will cultifite
cotton, in excess, beyond his own wants of the^article, on
the one hand ; that ho may have a superfluity to afford to
his fellow citizens ; and on tlie other, unless he expends
the avails of that superfluity, or so much thereof as he re-
quires, in such articles of the arts and industry of his fellow
citizens, as he may need. He may not buy those articles
of the foreigner at all. And the reason for this is, that this
same cotton-planter, in consequence of my undertaking to
make thimble*^ for instance, has my share (by original
right) of the common soil, in his possession ; while J, who
do not want it, give it up to him, and expend my time aod
capital in doing that for him and otbers,- which they need,
but which I do not. If I am not to have return for mj
capital and labor, my patrimony is gone, my labor lost, and
myself a dependent upon him and others, by their breach
of faith with me, induced by the appearance of the goods of
this foreigner among us.

And such is the argument which vrill apply to tbe whole
circle of occupations. Each for himself may make the ap-
plication. No man is, of right, to consider himself the ex-
clusive owner of an advantageous pursuit, of a location
on, or title to soil, or other property ; unless he fulfils these
conditions. Nature never yet made a farm, or a planta-
tion, and engraved the owner^s name upon it. It is gov-
ernment, it is institution, it is men^ in one word, who have
said, who shall be the owner ; and when they shall be ready,
or prompted to it, from any motive, they can U^fSAY it-
Thoy can speak to this farmer, to this planter, as they can to

275

any other man : *« Sir, if you think you can compete with fu-
*' feigners, on equal temn, and make a living for yourself,
"^^ fou 9hM do a. It is jfott who shall manufacture— ^and we
^4inU be farmers and planters. No longer shaN- you have
" this portion of the domain of nature, on which to practice
^< oppression upon your fellow citizens. 'We are men of
^' toil ; and we demand that you, and every other man,
'* shall be willing to afford to us as great a return for that
'^^ toil, tit whtaeioer it may eonsigt, as you and others would
'* require, if it were yourselves who had performed it. This
*^ we will have, or we will raze 'society to its foundation,
*^ and tumble you among the ruins." And such is the
language which id applicable to all sections of our country
— and to all classes of our people, and to all the pursuits
that engage them. ;

But may not the public power, it is asked, admit, at aQ,
of foreign productions, rude or manufactured ? It has the
right to judge ^is my answer. It will have do objecUon,
in general, where the importing State does not produce the
article or its substitute. If it does produce it, then it onay
allow it, if it shall seem good to do so ; but only on one
condition ; and this condition is, that JvU indemtdty he
givem to every man in ike commtmity^ who euffers by 9ueh
importation. If it ruin the business of any man engaged
in the production or fabrication of what is similar, so much
must be given him, as will not only replace the expendi*
ture he has already made, but as much more also as will
enable him to commence in some new pursuit, and get it into
the same prosperous condition, as is the one which foreign
trade is now destroying. And so has every other citizen a
similar claim^ who is situated in a similar manner. If gov-
ernments took this rule for their guide, they would not only
•do justice to the parties affected by their legislation ; but
they would take care,-oAener than they now do, bow they

276

ruincd» in thoir ignorance, corruption, sport or ci^ice« Ibe
Itbon of whole classes of the coaimuDity.

I enter not now into any discussion as to4iM debdi of the
policj, which the Public Power ought to obaerres b nlstMn
to importation from other countries. I have dened only to
show, that when a man surrenders up his original right of soili
and leaves others in possession of it ; and goes and em-
ploys his industry, and the artificial substitute iHiieh he his
taken in lieu of such original right, (whenever such sub-
stittite shall have been given at ott,) and inresli them in
the arts, that the community has a made a contract with
liim to consume the productions which he thus prepares
for their use. If it be so, and I think it is so unquestioDip
l)1y, such contract is to be literally fulfilled : and in case
of fiiUure, the community are indebted to him iu an amount
dqual to a full indemnity.

Let, therefore, society be organized upon principles, as
regards property, such as that every man must live by Us
own industry, instead of rioting upon the labors of others;
and there will be no doubt, that he will be as willing, who-
eter he may be, as any one, that there be as ample room as
possible for his industry to display itself in. Not to desire,
this, would be not to understand his own interest ; for, bis
own interest, under the circumstances I have supposed,
would be, to have as few competitors as posstbie ; and in
order to obtain this object, it would be necessary to shut
out the foreigner's productions to the greatest possible ex-
tent ; for, by so doing, a much greater variety of occupa-
tions would remain to the balance of the community ; who
would, or might otherwise have to come and interfere with I
him, or he with them. Under the organization in question
the people would soon tell their governors, in a voice not
to be misunderstood or disregarded, what to shut out, and
what to admit ; and this latter would very speedily be very

277

little indeed. If, heretofore, it has been, and still continues
to be very great, it is because iho^e who live on the labors
^oAers among us; who have no industry of their own to
be dried up by importations ; whose resources are not anni-
hilated by that very trade which, as they think, will give
them more for their possessions, than their countrymen
can give ; have so far held the ascendancy in the councils
of tiie nation, as to be enabled to suffer immense importa-
tions to be made to the manifest prejudice and injury of
large classes of our citizens. Let these^ however, be placed
ID situations where their oum labor must support them, and
they will be as ready as other men who live by labor, to
shut out the productions of the labor of other countries.
Any discussion, therefore, in detail, as to what policy, or
rule of policy, the governing authority ought to pursue, in
relation to importations, it would be not only out of place
here, but would be better lefl to be judged of by those who
shall have occasion first to call it into action,'

But although we waste our time to speak of these
details, (for they would vary as to different countries;
and even in the same country, as to different times,) still it
may not be amiss to offer a remark or two, by way of gene-
ral principles, as to the theory of a highly restricted trade,
in opposition to that which is called free ; a theory which
all, or nearly all nations, will feel themselves compelled to
adopt, whenever their people shall awake to an understand-
ing of their rights of property, as developed in this work.

That an universal free-trade thoughout the nations of
the world cannot exist, without incalculable injury to a ma-
jority of nations, is evident from this : that, though all na-
tions may have, or may be supposed to have, the same, or
in other words, equal artificial facilities for the production
of the commodities of commerce ; yet they cannot have
the same natural facilities. Climate and diversified natural

IMdbelwi; iaddHrttoo,tB circumKEances moie or led
re atitni otherwise. That natioa,
•■ tfae (nStest aggregate of both these
I, will be the one, winch, going into (he common
laof tiie VOfU without any restriction, if the free-
tlJ^ijilBgititopreraUtlrinbe able to undersell all other
nliODi ; tnd, if her reKXireei be sufficieatly esteosive, to
biMk down tbdr indortrj Sltogether ; if not so esteosive,
to inffiet on it tcrapsraUe iiyiuy. For it is not to be cor-
ttonrted, thct tboMW ilb^, to tbe exolusion of all others,
Wbo wiH giro the roortfbr tbesame money. And be vibt
bu the graatdM Bnara] ud artificial advantages, is the
one, of at! otbera, who ea» pve the moat, Thus of two
iwtiont, ^eia tbe nnmber end skill oftheir people, alike
in mntj circemMaoce mtb one ; that is, that the wheal-
fiddi, fer eiunple, of tbe one, with the same cultivation,
yiM doable tbe prodnce of the wheat-fields of the other ;
one wiH have arfnntagee over (he other, with which the
latter, cannot coatend even in hia own country. So, In
some countries, three crops of wheat are raised in a year,
with less expense than is obliged to be laid out, in other
countries, to produce one. All other circn Distances being
the same, the latter, on (ree-tiade principles, would never
raise its own wheat ; much less export it to foreign conn'
tries; and the Geld that should produce it, will be left bar-
ren ; and the men who should employ their mdustrj upon
it, will bury that industry in the grave of idleness for ever.
But, it is not, ustially, in a single particular onljr, that
nations are found to have advantages over others, in na-
tural facilities and resources : and the consequence is, that
such fortunate nations, in a system of free-trade, must.'aDd
inevitably will, have tbe power of greatly injuring leaa.fov
tunate nations. The only protection agunst such a cala-
mity, of which these latter can sTail themselves, is, to

«79

resort to exclusion ; leaving the principles of free-trade to
operate only within their own limits ; and, vntkin these,
their operation should be unobstructed by the slightesjt
hindrance.

But, if the power of fortunate nations appears so formi-
dable to the prosperity of others, who are less so, under
the supposition that their artificial facilities are equal ; how
much more dangerous to the latter, may it not be, when
nations which have the greatest natural, shall happen to
have the greatest artificial advantages also ? Against such
competitors, there could be none but an unavailing aifll
suicidal attempt at competition.

It is evident; therefore, that statesmen, who have con-
tended for the application of the free-trade system to the
commerce of the world, have not considered, that the phyr
sical constitution, itself, of the globe we inhabit, forbids it,
by a decree, which man has not the power to revoke ;
since he cannot make all climates similar and equal : and
and have not reflected, even if he could make them equal,
that still we could not have free-trade. We should then
only have free ports, into which the vessels of all nations
might enter ; but which they would have no inducement
to enter ; since, all climates being equal and similar, I, for
example, should buy sugar of my next door neighbor^
rather than to purchase it of a man who brings it from a
distant country, and who, in consequence, must charge me
more for it than my neighbor will demand.

If there be those, who, living in an unfortunate climate,
still wish to have the productions of climates more favored^
and at prices consistent with their advantages, they should
know that there is only one way in which their wishes can
be gratified, compatibly with the welfare of the State in
which they live ; and that is, to emigrate to the favored
country in question' Any other method of gratifying their

280

•losircs, would lead to the destruction of (he happioettof
those among whom they live, by rendering it imponiblel0
cultivate whatever advantages and resources they nnght hap- 1
pen to possess. There is an old proverb which sajs, " As
you make your bed, so you must lie." And we may say
much in the spirit of it, that where a man lives, Cteiviatbe
country which must afford him, chiefly, the means of Uf
subsistence ; and foreign nations must be allowed to cone
as little as posssible, with their productions into its market
Thus will the whulc, or very nearly the whole fond of the
industry of the country, be reserved for its own people ; and
this fund, in a System of Social Institution, which aims to
place all men in situations in which tliey will be compelled
to live by their own labor, cannot be preserved with too
much care, perseverance, and tenacity.

As it regards the application of those principles, wilb
respect to the United States, which may be called a great
importing nation ; it might be shewn, that by resorting to the
system of a vigorous exclusion of the productions of the in-
dustry of other nations, an addition would be made to tbe
fund of our own industry, of probably fifty millions of dol-
lars annually. Our imports are now about eighty millions.
This is the Custom-House valuation, which is always be-
low the truth. To this consideration, smuggling is to be add- [
cd ; so that if wc put our imports at one hundred millions,
it will probably be none too much. Now, there is no
doubt, if we were to cease to purchase these 100 millions
worth of merchandize ; such is our commercial and politi-
cal situation, that we should still be able to sell to the world
at large, at least fifty millions of our produce ; thus making
an addition to our industry of the other fifty. And this,
and more, would be required, when the unproductive
classes among us should be compelled to live on their own
'abor, instead of the labor of others. Indeed, there need

281

be little hesitation in saying, even as things are tuno, that
^i there is, at this time, a sufficiency among us, of unemploy-
g^ ed industry, so to speak, to perforin, thrice told, all the
J, hlKir that would be necessary to earn the fifty millions of
^ ddliare in question, if foreign trade did not take it out of
gj oar hands. '

^ To these reflections may be added another ; that the
y system of a severely restricted trade would bring along
^ with it another advantage. This is, the impossibility there
;. would be of the existence of speculation in the rise and fall
of the prices of the commodities of commerce. A home
market, held exclusively by our own citizens, would be un-
•' fluctuatingly steady, or very nearly so. War or peace
would scarcely affect it at all. In this point of view, it
would be of the utmost importance ; inasmuch as it would
be evident that no man could make his possessions greater
than another's, otherwise than by greater industry, economy
and skill. Opportunity for speculation being cut off, by
havuig as little commercial , connection with foreign na-
tions as possible, it would have no field in which it could
operate at home. For all men, being nearly equal in
point of property, no one would have the means, as now
many have, of monopolizing whole markets, through the
agency of gigantic c-redic or capital ; and in the new state
of things, nothing could be done in this way, but by means
of conspiracy or combination ; and this the laws would
punish and prevent.

One or two remarks further, in relation to this branch of
my subject, it may be well to make. There are those
who, contemplating the unhappy effects visited upon chit
dren employed in many of the theatres of national industry,
in many countries of Europe and elsewhere, have felt and
still feel a strong repognanoe to this national industry, on
ifaat account But it should be vemembei^ 4ui<i is t&(»

282

proposed new modificfttion of society, the tender yetrs
of children would be devoted to instraction and educatioo ;
and that none of them would be put to labor of any kind,
till nature had given them age and strength sufficient for
the accomplishment of what would then be required of
them. It is to be considered also, that many of the pro-
cesses of the arts, which now call for tlie employment of
many children, will, under the new organization of things,
(the event is happening even now,) be so improved and
modified, as to supercede, sooner or later, all neeeaaity for
their help ; and thus enable human society to profit by
these arts, more without tlie assistance of these children,
than now they can with them. I trust, therefore, that
those who have felt objections to take care of and encou-
rage the labor, in whatever it consists^ of our own people,
in exclusion of that which is foreign, from humane and
kind considerations to the welfare of children, will see that
they will have no cause for such objection in the equal
condition of things which it is the purpose of this work to
recommend and maintain.

The view I take of the probable extent and condition of
our foreign and domcatic commerce, under the contemplated
new organization of human society, provided all, or even a
majority of the Slates of our Union, should adopt it, makesit \
proper to say a word in respect to our National Navy. It will
be said, that if all men are to have equal property on coming
to the age of maturity, and previous thereto, equal educa-
tion, that it will be impossible to find men to man it. Be
it so. And let the navy go down for ever. If it be said
that a strong naval power would then command all oceans ;

I answer, that it may be so. So might the armies of Na-
poleon, if they were upon them, subjugate the deserts of
Arabia ; and what would it profit him ? If any nation de-
Hites it, Id therrif by their navies, conquer these oceans.

283

All that the rest of the world has to do, is, to make them
an Arabian desert to them. Not to trade between nation
and nation, or only to trade in swift sailing vessels, at the
hazard of their owners, will accomplish all this. There
would then be nothing but loss in such conquests ; and the
consequence would be, that they would be speedily re-
nounced for ever.

It is to be said, besides, that nations, which are com-
mercial, and sufficiently so, to create and maintain such a
navy as would be of any avail in any such attempt, are pos-
sessed of a population having intelligence sufficient to un-
derstand the plan of government marked out in this work ;
and will be altogether likely to adopt it, if it shall be so for-
tunate as to be adopted in this country. In such an event
they would be as desirous as ourselves, to have nothing to
do with navies ; and. thus they would sink into non-exist->
ence for the want of support. •

Thus far has this work proceeded in discussing the
moral and political features of all governments, as they are
now constructed : and thus far is it seen how these fea*
tures can be modified so as to compare much better than
any system does now, with the actual equal rights of all
men. Thus far will it appear, that all governments may
and ought to be put down, which do not preserve to all
these rights. If it be one man's right, to let the earth out
on hire, so is it another's ; if one man may not sell to his
fellow-men, the use of what God created for all, and for
one as much as for another, so may not another. If one
may live without labor, to may another ; if one may live
with little labor, so may another ; if one must live by
much labor, so must another ; if one man may take an-
other's labor, and appropriate it to the support of him who
did not labor, so hiay any and every man ^o the same.
If one may have, of the property of a generatioDi that has

S84

(^ne before ub, five, or ten, or fifly, or a hundred, or five
hundred thousand dollars ; or a million, pr five milfion, so
may another, and every other. Nor is it to be said, even
aa things are now, that it is the dead who ever give pro-
perty to their successors, after all. It is mot tbxy who
GIVE : they have power to do nothing : for, if they had|
many of them would carry it away with them to another
world, if any such there be. It is THE LIVING who
give the present holders of property the possession of it ;
it ia we ourselvesy (for in us and us alone, rests the title,)
who have done it ; and who yet allow it to be said, and
hardly without contradiction from us, that others have
done it : it is a mistake : IT IS NONE BUT THE
GENERATION PRESENT,— that gives, to what are
called heirs, the possessions they enjoy ; without this gift,
this unjust and undeserved gift, they could not and would
not have it atall ! It is in OUR POWER, then, to CALL
BACK the gift, whenever we shall think fit ! That NOW
IS THE TIME, need not further be shewn ; for in show«
ing that ALL MEN HAVE EQUAL RIGHTS, as well
TO PROPERTY, as to life and liberty, every thing is
shewn that is requisite. The time for acting on these
principles is, when they are seen to be true ; whenever
they find a confirmation of their correctness in every human
breast.

It remains then now, to speak more particularly of tlie
methods which will bo found most convenient in practice,
to bring about the General Division in question. It may
appear at first view, to be a matter of great difficulty to do
it, however just and proper it may, in itself, be.

But on examination, it will be found to be of very easy
execution, although it is a subject interwoven with the
concerns, with the multiplex concerns, of more than two

millions of people. But when so important an object ^8

285

the re-possessioD of man's rights, is to be achieved, means
will be found which were scarcely imagined to be in exist-
ence. And that so great a work, can be so easily done,
is, I think, one of the strongest proo& of the genuine
character of the rights in question.

I shall suppose, however, that the co\irse I recommend
to be pursued, is the one which shall be adopted, and that
the details necessary to execute it, will be much of the
character, which I now proceed to describe. If the reader
shall think that the measure of disavowing all debts, &c.
&c. is too bold and daring, let him suspend his opinion,
till I have an opportunity to show him , that both justice
and policy demand it ; that in its operation it will be found
to injure no one's just rights ; and that it is the cheapest,
surest, readiest way in which be can obtain his own rights.
The first of these details consists in an universal suspen-
sion of all business, except in so much as is Necessary for
subsistence, until the whole can be accomplished. All
persons having domicil or residence, will remain where
they are. Those who have not any fixed residence, and
many unhappily there are, especially in cities ; a grievous
evil, this, growing out of the present system of the rights
of property, will have such residence provided for them.
All without distinction will have food and fire, (perhaps
after the manner of rations) furnished to them, at the ex-
pense of the State, until the division is accomplished.

That all this may be done in the shortest time possible,
it must be the work of many hands : for the old saying is,
<' Many hands make light work.'' In numbering the peo-
ple, then, and in taking an inventory of thehr property, of
whatever kind it may be, it is necessary to subdivide the
whole surface of the State, into a very great number of
small sections, or departments. And these small sections
are more particularly requisite in cities. Thus, the wards

2g6

ought each of tbcm to be divided into three, (bur»five,«Dd
in some casus, even more departments. The couoties in
this State, being as I beUeve fifty-four in number, are sub-^
divided into about seven hundred and fifty -aeven town-
dbips.* These I have ascertained, upon an average, maj
have a surface of about sixty-four square roilea, equivakat
to about 8 miles long by 8 broad. This would probaUj
be too large a surface to be suffered to compose one de-
partment. The number of school-districts, in these town-
ships, cities included, amounts to eight thousand six hun-
dred and nine.t This would give about eleven such dis-
tricts to each township. If the departments were made as
numerous and as small, of course, as these districts, and
were made identical with them, it would be to subdivide
the State into departments sufficiently numerous and small.
And perhaps (too or three such school-districts, might
bo quite as conveniently made into one department, hi
the latter case, three for example, the number of depart-
ments would amount to about twenty-eight hundred. Each
of these departments, then, in the interior, would contain
about five hundred and hhy inhabitants upon an average ;
and occupy a space of about sixteen square miles ; that is
1 long and 4 broad. This would probably be as small as
the departments need be, for the purpose in view.

Each of tbese departments, for themselves, and not by
any intervening authority, should choose their assessors,
appraisers, and whatever other officers may be wanted to
carry the proposed measure into execution. This is an
important point, to be attended to. It is the inhabitants
of those departments, who would know best who among
them were suitable. They would choose men, the best

""■ See Report of Superintendent of Common Schools.
\ See same Report.

287

qoalifidd, both as reij^ards integrUp, and, from habits of
iHiainess, judgment of the value of all kinds of property.
But as DO* man can be supposed to know every thing, in
a matter of this kind, each department should be called
upon to organize a committee, to be composed of men
acqmunt^d with the value of all kinds of property likely to
be found within such department, to go with the appraisers
and assist them to form a correct opinion. At the same
time that they tal^e this assessment or valuation, they take
the census also. But of the details of this part of their
service, I shall say more, by and by. In making valuation,
the new condition of things in which we are about to enter,
is to be considered. It is to be considered that the same
principles of valuation, which prevail now, are not to be
allowed to have action here. Thus nothing is more com-
mon than for an appraiser, now, to make up his mind that
such and such a. sum would be obtained by a forced sale,
either private or public, and to fix his valuation according-
ly, whereas this forced sale affords a much less sum than
actually the property has honestly and judiciously cost, and
less than it would bring, even under the present operation
of the prevailing system, acting in the most benignant
manner of which it is capable. But the approaching sys*
tern presents new features. It brings into the market, the
whole community as purchasers, by giving them means of
purchase ; and competition, therefore, to elevate every arti-
cle to its full value, is made to exert all its force. In
the appraisal of articles of property, of which use has been
made, nothing is more common, than to reduce the price
of it greatly below its actual value. For the actual worth
of an article, which, with proper usage, will last ten years,
after the expiration of five years, if it has had proper usage,
is equal to half what such a new article of the same kind
is now worth, and in addition thereto, half the value of its

288

tnaterial, whatever it may be. Other articles, again* from
their being in the hands of men who do not know the best
appUcation of which they are susceptible ; although often
new, or nearly so ; or knowing, cannot succeed in finding
those who do both know, and have the disposition and
the opportunity to apply them to their best use ; and who
haoe also the means of purchase^ are often put down at a
value merely nominal ; whereas if all knew they could
purchase, and could apply the article or property they
purchased, to a use which would be valuable to them, no
species of property would be suffered to go unbought, at
its full value, nor unapplied to the purpose for which it is
most beneficial to society.

And herein do we see, in a signal manner, the self pun-
ishment, which the present system of obtaining riches, in-
flicts on those who avail themselves of it. For often when
by the force of necessitous circumstances, the rich man
succeeds in obtaining property from another, at a price,
greatly below what it cost the producer, we see it renudn-
ing on his hands ^ more or less unproductive. And for the
very reason, that he, and other rich men, by the arbitrary
and unnatural condition of tilings, in which every thing ia
placed, and by which he and other rich men together,
have the power to do so, have actually prevented every
body else, from being able to purchase. They realize in
themselves, the absurdity and folly, as well as the wicked-
ness of the man, who as the story is told (a very humble
story, too, it is true although not altogether inapplicable)
wished every body to die, in order that he might set up a
public tavern. So do the rich desire to get the whole
world into their possession and afterwards expect to find
purchasers for it, and that too at full prices.

it will be proper, then, to take into consideration these
circumstances 5 and when it is done, it will be apparent

S8d

Lbat no valuation of the property in this State, that hajs
ever been tidken, has ever ^venany thing like the amount,
ivllioh it would now bring, if put up at public sale, to an
antire comoiunity, of whom every individual has as much
318 another, in the means of purchase.

These appraisers, and their accompanying committee,
should also designate, the lots or quantities of property, to
be put up to sale, to be knocked off at any one bid. Thus
indivisible property, such as a Steam-Engine, is not to be
divided at all, for reasons that need not be stated. A
Steam-Boat is also of the same description ; so also is a
Church, and many other kinds of property. On the other
hand, property, particularly of a personal kind, should be
divided as much as possible ; so that all may have oppor-
tunity of purchasing what the satisfaction of their wants
may require. Thus it would be manifestly improper, and
useless to set up whole bales of broad cloths, sheetings,
shirtings, 6lc, and so again as it regards mephanical, do^
mestip, agricultural and other implements/ If it be said
that people from the interior will require many of the
goods, for example, in this city, and that under such an
arrangement they could not obtain any ; because they can-
not be supposed to be able to come to New- York or other
cities to attend the sales ; I answer, that the way in which
this is to be done, is this.

It is understood, that every citizen of the State, of full
age, will have, afler the appraisal and inventory have
been made out, a credit on what maybe called the ** Cre-
dit-Book" of the State, equal to that which any and
every other person will have on the same book. If now,
there be, for instance, five hundred, or any other number
of persons v^hatever, in Jefferson County, for example,
and these should be desirous of obtaining goods in this city,
they have only to select an agent that suits them, and in-

2S0

struct him to come here, and make such purcIiaaeB fir
them, as they may require. In order to haTe the meeu of
payment, a portion of their credit, will be placed in Ms
hands such in amount, as those who place it tfaefe, vmj
choose to determine, and those who thus transfer any por-
tion of their credit, to such asfent, in trust for their own
use, will be charged on the same book, with its amoooL
This credit, therefore, in the hands to which it may be
committed, is the same thing as money ; only that on ar-
riving in our city tlie person entrusted with it, calls on tbe
public agent or agents here for its verification.

It may be as proper* here, as elsewhere to observe, that
when the General Sales take place, owing to local circam-
stances, which are not necessary to be mentioned, stran-
gers from other States and places, will be present to pur-
chase also. These should be informed, previous to tbe
time of sale by public advertisement, that nothing but gdd
and silver will be taken in payment Bank notes being
nothing but a species of credit, the Stale will not under-
take to sell the public property, and take promises of any
kind, or of any body, or any institutions in payment.

In all places, after valuation or assessment is made, all
personal property except so much as may be necessary for
domestic or family use, until the time when the new order
of things is fully established, is put in charge of tbe State,
immediately after the valuation of each person's personal
effects is completed. But, in very few instances will it be
necessary to remove any thing. The bouses, buildings,
and apartments in which they are contained, may be sealed
and locked up and remain so, until the time of sale. As
it regards personal property left, as it were by necessity, in
the hands of families for their temporary convenience, they
are to be answerable for its forthcoming, at the peril of
iif^prisonmcnt; such as would now be visited upon them<

291

for larceny, unless cause were shown to the contrary. As
it regards personal property in dress ; the holder, if he
chooses to retain it, does so, by subjecting himself to the
payment of the valuation which shall be imposed upon it.
In the country, it happens, often, that there are small
armers, who ought by no means to have so little land as
they now possess ; and who in the new order of things,
will be entitled to more. Wherever circumstances will
admit of it, more land, contiguous, is to be adjoined
to it, in order to make such farms of profitable and equal
size. And where it cannot be conveniently made conti-
guous ; it should be made as little remote as possible. And
where other farms are manifestly too large, such for in-
stance as is sufficient to make more than the average size,
they are to be divided accordingly.

AH vessels in port, as well as property on board of them,
belonging to our citizens, is considered to be within the
possession of the State, as intended by Article I. p. 137,
notwithstanding they may happen to be absent, on voyages
without the State. These arriving before the completion
of the sales, are to be appraised and sold in manner the
same as all other property. And persons arriving before
the period mentioned, are to be entered, if they have not

l>eoo OAioroJf in ib* «onaua flLOoovJmgljT . Xhe nUmbCr Of

such persons will bear but a fractional ratio to the whole
population, perhaps even less than the two thousandth
part. All absent persons, being citizens, of full age, whose
names shall not have been caused to be recorded by their
friends and acquakitances, and who shall not return ante-
rior to the closing of the sales, will be considered in the
same light, when they do return, as minors arriving at the
age of maturity. - AU ships, and the property on board of
them, belonging to our citizens, which shall arrive at a pe-
riod subsequent to the completion oi the said sales ; shall

S9a

hc soUl as soon as practicable, thereafter, and the proceeds
applied to the benefit of minors afterwards comiDf of age;
and others who shall not be present at the General Divi-

iiion.

Public scliuol-houscs, and the property innmediately at-
tached and necessary to them, not belon^g to corpora-
tions, association?, or individuals, to be exempted from
sale ; so alsu, lar<,^o, and valuable libraries. These are to
ho retained, subject to the future disposition of the State.
The latter bein^ particularly valuable, on account of rare
books ^c. it would be injudicious to have scattered
ajraiii, after having been collected with much care, trouble
and nxponse. It is better, therefore, that the State should
secure ihem, so as afterwards to extend their benefit to the
community in a manner as general as possible.

1*0 facilitate and expedite the transaction of the labors
of the Appraisers; as soon as a suspension of all business
takes place ; every citizen will so arrange and assort what-
ever hc has of proprety in possession, as to leave little to
be done, when the Appraisers come. This he will be
easily enabled to do — inasmuch as he will have nothlD^f
else to employ him, and inasmuch as it will be the duty of
others to ns.-ist him. And it will be to bis interest to shor-
ten the period IICCeSbaTr to ^Ooet this ^rzn^ml «] JaU ibuiiuU ;

inasmuch as the sooner it is over with, and done as justly
and equitably as it can be, the better for him, as the soon-
er he ran coinmoijccbusmessfor himself.

When the peritjd of sale arrives, (and this should be at a
season least interfering with the ordinary business of life ;
and when, at the same time, the weather would not be too
inclement to transact business, to the best possible advan-
tage,) persons wlio are sick, and who, therefore, cannot
bid for themselves, may authorise others to bid for them.
And persons absent and attending on the sickness or burift!
of others, may also do the same.

393

""Ai now.^the busband bids in right of bis wife. If the
husband be absent, and have authorized no person to bid
for him, the wife may bid in hia alead.

As at public saieg now, no property wil! be delivered till
afterwards ; in must cajes, probably, not llll the sales are
generally dene with. All persons to whom any thing is
stiucb oir, givs in the ames ; these, and their amounts,
are entered in a book, in alphabetical order; and whan
the soles ate over, then it is ascertained who, if any, have
exceeded their bids, and how much ; and accordingly they
receive a written or printed permission, signed by the pro-
per auiboiity, allowing them to receive what was struck off
to theni.

The order of time in which the sales should be made,
should be such as not to be too much hurried, nor too
much protracted. Too many should not be going on at&
time, nor too few. The public authority will superintend
this matter, and regulate it as it should be ; but in doing
B0| the order of arrang-ement should generally be such,
that, on any one day, for example, articles of one kind
only, should be offered up to sale ; yet the sale of this one
kind may be conducted in a great many places at one and
the same lime. Thus, all who should need groceries, ought
to have an opportunity to buy ibem ; and in order to have
such opportunity, on the same day (in which these groceries
are sold, other property should not be offered. Otherwiss
they would, or might he, prevented from having an oppor-
tunity to purchase. And so with every other article. The
classiGcation, indeed, of all property, offered up for <iale,
should be made very extensive, so as to be able to suitj
very accurately, the wants of all purchasers. For exam-
ple, dry-goods, as they are called, would admit of being
divided into several classes.

294

The reason that may be ofiered for being so particdar,
when the census is taken of the people, as to require the
name^ date of birth, as near as may be, annexing, of course^
the age, the pl(tce of nativity, parentage, seXj color , occupa-
tion, domicU or residence, and length of time resident since
last resident in the State, is, that as many avenues to
fraudulent pretensions to citizenship maybe closed as pos-
sible, by opening every resource for detection. There is,
besides, another and more important reason ; and it is this,
that as there are, throughout the State, a multiplicity of
names, exactly alike, much confusion might ensue ; but if
all these circumstances were added also, it would scarcely
come within the range of possibility, that any mistake
should happen ; and as each department, even in our cities,
would be made to consist of only a moderate number of per-
sons, these persons together with the public authority would
easily devise the means of preventing any one succeeding in
an attempt to appear under the character of two or more
different persons. It is to be observed, that severe punish-
ment would hang over him who should be guilty of the
commision, or the attempt at commission, of a crime like
this ; Jiince it would be no less an offence than that of
grand larceny ; and would consign the offender (such
might l)e the [junishment) to prison for fourteen years.
And every person would have a deep self-interest in bring-
ing to light any, and every attempt of the kind.

The work of making such appraisement, of taking such
census, and receiving the mventories, where every body,
without payment for services of any kind, concurred to assist,
and where as now, there would be nothing else to attend
to, further than providing meals, would be very speedily
accomplished. The appraisement, census, and inventory
of the whole State would be completed; in a very few days^

295

probably in a single wetk.^ So soon as the appraisers,
astfessors, &c. of each department have performed this du-
ty, they would next, each for their own section, make out
ft book ; which may be called the ^* Department Imvento-
ly''— -and this would contain :

1. The names of all persons, being citizens, of and over
the age of maturity, in alphabetical order, with the desig-
nations heretofore mentioned.

2. The amount Qfall|9er«ona{j9roper^, in the possession
of such citizens.

3. The amount of all real property, in the possession of
such citizens.

4. The amount of all real property, held by persons, be-
ing citizens of other States, and residents therein.

5. The amount of all property of a personai kind, held
by associations or corporations :

6. The amount of all real property held by the same ;
and

7. The amount of all other property, of a public nature,
which the State may allow to be set up at public sale.j

* It may be as weU, in a noto as elsewhere, to, say that
probably the full and complete division of the State, would
be effected in six or eight weeks.

f It would no doubi be very useful also, and it will prob-
ably be put in practice, if the proposition which this Work
contains is ever acted on ; to give as far as may bs conven-
ient and practicable, the gross amount, in quantity, in the
whole State, of various kinds of property; particularly of
commodities which enter into general consumption. T|^u9
it would be desirable to know how much there may be of
flour for example, and other provisions ; of sugar, coffee,
and other groceries ; of cloihs and all the various kinds of
clothing; &c. &c. &c., in order that some estimate may
be formed among the citizens, of the quantity that may be

296

A fiimilar Book, to be caUed the ** Department Alien
Book," is to be made out, embraciDg oliow, in the same
manner, as far as their circumstances are applicable.

Each department will also make out, what may be called
the ** Department Minor Book.*' This will contain the
names of minors, in manner the same as is observed with
respect to persons of full age ; and in addition thereto, the
time when they will arrive at maturity. To this will con*
tinually be added, the births that take place ever after ; and
from it will be taken the names of those who may die.
Once a year a copy of this ** Minor book'* will be forward-
ed to the centre of the State, to ascertain the number and
names of those who way have arrived at the age of matu-
rity.

So soon as the departments have made out, each for
themselves^ the " Department Inventory,*' and the " De-
partment Alien Book," let them make out a copy of each,
and despatch a special messenger to the capital of the
State, therewith ; and so soon afterwards, as another
copy of each can be prepared, let, also, another special
messenger be despatched with it, lest accident should pre-
vent the arrival of the first ; and so on, a third, if it should
be judged expedient. The State would thus make itself
sure of receiving its returns, without delay. Otherwise the

proportionably coming to each, when the period arrives for
them to purchase at the Great Public Sale. And to accom-
plish this the more eflFectually, as it regards some kinds of
property, which do not enter into general use, it would be
well to ascertain, in like manner, the number of persons, fol-
lowing particular trades or occupations, and requiring such
commodities ; so that it may be known, for example, how
many smiths, and other artificers in iron, there will be, to
purchase the articles they use, and which the State may be
found to contain.

297

whole population might be waiting on a single department.

The State having received all its returns, let there be
made out in alphabetical order ; ** A general Inventory of
the State,'' in manner the same as the ** Department Inven-
tory," naming only persons^ &c. and amounts ; and let
there also be made out ** A General Alien Book," si-
milar to the '* Department Alien Book." Next let
printed copies thereof be made, in sufficient number,
and sent to each of the departments ; first before printing,
having ascertained the total amount of real and personal
property in the State ; and divided it by the number of per-
sons, of and over the age of maturity, in order that the di-
vidend with which each is to be credited, may be made
known. The objects of this '* General Inventory*' arc seen
without explanation, but the purpose of the ** General
Alien Book" may not appear at first sight. It is meant to
guar^ against collusion as much as possible. By thus
obliging aliens to record all their efifects, &c., together with
the names, places of residence, &c., and by spreading
such record before every citizen, throughout the State, great
opportunity is given for such persons to fall under suspi-
cion, if they shall appear to possess more property than
their acquaintances, either in the departments to which the
**■ Alien Book" attaches them, or elsewhere, shall think they
are honestly entitled ; and suspicion oflen brings about de-
tection. The knowledge, therefore, of the eiustence of such
a book, would have a powerful effect in preventing crime,
which otherwise would be more freely committed.

In each department, previous to sale, from the time when
the inventory is made, by the ^praisers, assessors &c. let
there be a very full and sufficient advertisement made
of such property as requires it, in order that the public
may have ample opportunity of becoming acquainted
with it. Let this be done, while at the capitd of the State,
<* The General Inventory of the State," and the « Qeaocal

296

Aiien-Book,'* tre in preparatioD. Let every reasonibk
facility be afforded, under proper reguhtions to inapect
.iuch property.

So soon 08 the general sales are completed, retarns ire
again to be made by the departments, to the Central Au*
thority, of the amount sold, and the perBons to whom,
each in hU amount. The total amount of the sales,
throughout the State, is next ascertained ; & new dividend
made ; and this is the amount which each is entitled to
retain, as his patrimony from the State. If he has bought
more, he is a debtor to the State ; and must repay the ex-
cess either now, or at some short period hence ; and if be
Jiavc bought less, he is a creditor ; and is entitled tojrecdve
his deficiency. See Article 9. p 140.

CHApTEB vn.

R£ASON8,

Jn continuation, for a General Dimsion of Property — and
for the method proposed to be pursued in effecting it.

TiiG two preceding chapters have been confined, prin-
cipally, to showing, if even an equal division were admitted
to have been made, how easily and quickly such equality
would be destroyed ; if charters, conferring exclusiTC
privileges, were allowed to be granted ; if disqualifications
for civil office, or for any other purpose, or, if exemptions
from equal contribution to the public treasury , or to the
public service, were tolerated either in the constitution or
the laws ; if the right of property were not extended to all,
without regard to color, or other factitious and foolish dis-
tinction ; if tire right of sufifrage were not equally extensive '•

299

t| fthdif parents, more than others^ were compelled to con*'
1! tribute to the support of their children, during their mi-
nority.
f It became necessary to examine all these questions, in
^ discussing the various articles of the PLAN, proposed tO
I the consideration of the reader, at the close oi the FVth
Chapter, (pages 137 to 144 ;) and it is apparent that they
^ are involved in the details, rather than in the main subject.
For it was, as a matter of course, to be admitted that a
division^ in some one way or other, could be effected.
Thus, for example, if we could suppose all the piesent
possessors of property, to have such a just sense of the
; right of all theu* fellow-beings, to an equal share of it, and
to have also such a sense of rectitude as to give it freely
tip to them for its equal subdivision among them ; the dis-
cussions on the subjects mentioned, which have taken
place, would have still been necessary ; so long as the
public mind, or any considerable portion of it, was afflict-
ed with the errors, which it was the object of these dis-
cussions to explode.

But it is not to be admitted as a general principle, that
the rich will give up what they call their property willingly.
The force of habit on them is as strong a^ it is on others ;
and although they may and will be compelled to see the
injustice of the title by which they hold possession ; yet,
many of them, will resist the force of that conviction,
which will be sent home to their understandings, and will
cling to an undue share of that which belongs to all
equally, with nearly the same tenacity with which they
cling to life itself. Those who expect to be the succes-
sors to these possessors of property will also, many of
them, display their hostility to that system which proposes
to reduce them to the common level oHtheir fellow-citizens ;
much in the same way, as we beholli the successors of

300 ,

Vhose who possess political power, which is to descend in
an hereditary manner. Nor in point of principle, is there
any difference in the two cases. Certainly in a republican
government, it will be quite as proper to admit of heradi*
tary right in the son, to his father's political power, — aa to
bis property. Let no man mistake himself so far as to
deny this ; for, if he shall be disposed to say that the pohti-
cal power, spoken of, is not his ; but the property is ; I
answer, it is not so. He has both of them, for the time
being ; and after he has done, with either the one or the
other, they are no longer at his disposal. He has no just
power to say, into whose hands either shall succeed. Let
it be recollected, too, that as in the case of political power,
when it is deposited in the hands of an agent, for the
common good, such power, at any momient^ when the
community shall think proper so to order, may be taken
out of his hands ; so also, the property, which any com-
munity, no matter for what reason^ has heretofore sufficed
to remain in my hands unequally ; whether it be in ignor-
ance of their own rights, or otherwise, may be taken out
of my possession, by the great community, of which I am
•1 member, and be appropriated to the good of all equally ;
for it is to these, to whom it belongs ; and not to me, be-
yond my equal portion.

But as, when they fully understand their rights, their
interests and their happiness, a very great majority of any
nation will, I may presume, be found to be in favor of the
principles which this Work supports and inculcates ; and
as such majority will possess almost the entire physical
force of the State ; there is but one way in which those,
who shall wish to oppose the will of such majority, may be
able to do it with success. This is, by fraud and cunning.
There will be those who, even under an oath having been
given by them to the contrary, will go and bury their dol-

901

tars in the earth, rather than report them in their inventory.
Others would send out of the State, or otherwise conceal,
tbeir personal property, subject to their future use; and
remain themselves to obtain their share of the general
^Bvidend ; notwithstanding heavy punishment might hang
over their heads for having done so ; and notwithstanding
the perjury they would find it necessary to commit to con-
ceal the act. Others again would enter into collusive
understandings with strangers, not parties to the proposed
division^ to make claim to their property, in order to keep
it oat of the general division ; although for all this conduct,
the same awful peril to person and character, would attend
iIm transaction if detected.

It is evident, therefore, if the few, (for the rich are the
few,) may be able, by fraud and cunning thus to counter-
met the designs and the rights of the many ; that the
method to be pursued in obtaining possession of the pro-
perty to be divided, should be as effectual as it is possible
to make it. And yet it ought to be of such a character,
as not to do injustice to a neighboring State. Thus it
would seem that the landed property of a citizen of New-
Jersey, which he holds in this State, should not be given
up and apportioned among our own citizens, without giv-
ing him an indemnity. And so might ti*e same be said,
of every other citizen, of every other State or nation.
Nor indeed would there be any objection to giving sucli
indemnity ; provided all the landed property, or the full
value thereof, which our citizens own, in all other States
or nations, could be wrested from them, and placed in our
State Treasury. For, then, this sum, so placed in the
Treasury would probably be equal, and perhaps more
than adequate, to pay tiie amount of the indemnities in
question. It would, in effect, amount to an exehange be-
tween foreigners holding land here, and our citizens hold*

■ -.302 I

log lud ibfOtd. Let m now suppose that such an
eidihDge tai Tdontarilj Uken place, and that all the
land widiin th« SUte wu BctuiUy owned by our own citt-
atpt, ud ncme by fiireignen of an; kind or descriptioD
ittBieverj what tbeo migfat boI be said? Could it be
fWUaAed, that the land whiofa the foreigner latelj owneJ
wilhiD one Unuta, and which, fay way of exchange, he ha^
jOat coaveyad to OM of OOI OWD citizens, should not aod
OOght itot to cose into the division. No laa.a'i property
<nvfat to come ia mdBia good reason be shown therefor.
Apd, one good reaa<Hi amj bo that his title to such property
it not K joat one. Now, the titles to all men'a property,
are thinga which all CommoDitiea have a right to inquire
into; Thua thof hart a right to inquire into the title, not
, only oT- the man whia might have received iiis land Erom a
(uUzen of New-Jcoiej, of Connecticut, of Verraonl, of
PeDnaflrania, or of an; othn Slate, but also into the title
of every other citizen, and of every other kind of pro-
perty.

It mattera not as to the kind of triliunat, — which Gball
be appointed to try their titles, so lliat it decides jusUj-
The whole community, may appoint agents, whom we call
judges ; and order ihem to enquire. Or the community
may do it, ktelf, in its own primary capacity. It may in-
veatigaie every man's pretensions ; and after having done
so; it is proper for it to say, if it thinks ao ; to this claimant,
•> you bold too much ; you have more than is your own ;"
to that, " you have too little ; receive from the other, what
he holds too much;" and soon, through the whole comma-
nity' Nor is this community, so acting in its primary and
original character; to receive rules or principles from any
one, by which to govern its decisions or to guide iti
judgment : it acts for itself; and upon principles, whick it
see*, itself, to be good and equilabU, and vptn NONE
OTHER.

303

If then, there shall appear to be some thing worthy of
consideration, and about which we should hesitate, when
it is proposed to take the lands, in this State, held by a cit-
izen of another State, without indemnity ; so also is there
similar consideration due to the creditors of our citizens
in another State, when it is proptised to nullify the debts
which are due to (hem. But investic^ation will set the mat-
ter in a clear light, such that we shall see justice done to
all parties. For, it is impassible that men can have rights,
and that there shall be no way in which to come at their
possession. They were made for their enjoyment ; and
thenaeans were never wanting to obtain them, by any peo-
ple, when they saw in what they consisted, and when also
they possessed the means of creating among themselves a
perfect concert of action, by the agency of a community
of opinion.

But, if we are to hesitate when it is proposed to abolish
the debts, or to appropriate the lands in question, on the
one hand ; so on the other, are we to hesitate, before we
undertake to say we will not do it. Besides there is not
sd much of inequality and injustice in such an abolition
and appropriation, as at first thought might appear. For,
it is to be understood, that when we refuse to pay any
debts, we refuse to receive any also ; and that when we
take ourselves land, which are . ithm our State, owned by
citizens of other States ; we also renounce all lands owned,
in other states, by our own citizens. And speaking for
his own State, a citizen of New- York, might probably say,
that in the aggregate, however it might be in particuJar in-
stances, we should give up, quite as much, as we should
retain, and probably more. In the gross, therefore, there
would be no injustice done.

But, let us look at this matter a little more minutely.
Suppose this State to renounce debts in its favor, to the

. »4 '

UDOaat vt wi bandied ttmeaDd dollars, due from sundr;
eUiMBi of Nvw^eraej to qui citizens : Suppose, again,
ddt Stito ntaaem to ptj to nindry olher citizen§ of Hew
Jenej, a like Mm o£ (»e buDdred thousand dollars, due to
tfaein, by our own citizeni. As betneBO State aod Stale,
the UcouQt would be euctiy balanced. Tliere would be
noinjuaticedaiie.'bjor toeuber party. But individuate.
OB tbe one iuai, would be the losetB of the wbole amount;
nd on the other baod, otbar iadividualB, inlbcsame Slate.
would be tbd gainera. Suppose the State Authority of
New-Jeneyi, now, to inl^ere and order these gainers to
pve k11 tbej b»» gtined to the loserii ; would it not be
pertbct^ri^t? And would it not equalize everything,
pnciMlj u if Nfiw-Toili bed received and paid all ?

AgUD, if tbe debU renonnced by Die State of Nev-
Tork were atiU «■ I bweaupposed tbeni to be; that is,
QOe hoodred tboaaand dollscs ; and the debts reAued to
be pud. were oBe handred and filly tliouaand doUarB ;
New- York would be a gainer lo that amounl : and there
would not appear to be an; Ttjeans, in thesyBlem I am re<
commending, to replace to New-Jersey this sum, which
she bad tbua loat.

So, on the contrary, if tbe State of New-York renoaoeed
debts to the amount of one hundred aifd fifty tbouaand del-
l&rs, it would lose fiflylbouaand dollara; and there Would ap-
pear to be no resource from which she could replace iU
amount, unless it were from the average result of all hei
debts and credits.

But we ehouid not forget ourselves. Weahouktreinembei
that it is impossible for such a state of trade as this to eziit
between the State of New-York, and the Sute of New-
Jersey ; or between New- York and any otber State
nation, whenever it shall appear that there is ahortl; to be,
in this Sttfte, auch a diviuon of property as I ba¥e propoeed

305

in this Work ; and when, in order to accomplish it, it ap-
i jpears also, as I shall show, that there must he an aSsolute
:f and unqualified renunciation dnd abolition of all debts.
0- Those who are in the practice of trade, look well after aU
it Ifaat concerns it ; and when they see, that, shortly, they
I oannot tell how shortly, there wiU be no collection jof
1^ debts, they will be very careful not to suffer any to be
-! created at their expense.. Thus, in the State of New-
H York, that citizen who should be in favor of the proposed
equalization of property, and its equal transmission to pos-
terity, would be desirous to retain, for the purpose of
throwing it into the General Fund, all that an honest trade
would make him master of; and he would be as Httle dis-
posed as anyone to credit, where he could not recover it :
and he, on the other hand, who was opposed to it, would
be quite as adverse to giving credit at such a time, as now
he is to one who cannot pay him. But even if he were to
credit a foreigner, and if, in anticipation of such an event
as that of a general division of property, he shctuld remove
from the State, and make himself a citizen or subject of
some other State or nation, such removal could not be hin-
dered ; but it is very doubtful, if prcvit>us to his removing
from the State, but sutisequent to a very general belief that
the supposed abolition an<: renunciation of debts, by his
native or adopted State, would soon take place ; 1 say it is
very doubtful, whether the State of New- Jersey, for exam-
ple, would allow him to recover of one of her citizens any
thing which he might have sold on a credit to him, at a
time when he, the creditor, was a citizen of the State of
New-York.

The same reluctance would be felt not only by the citi-
zens of New- Jersey, but of all other States or nations who
should trade with us, to give credit under an expectation
of such an event, as would deprive' them of the means of

2d*

odlMtinf it' Tfc— woOldi'lfaerelbre, be no debti on
flilbsr hMid^ •■■dBo injuilirt' could be dcme by any one,
ortD ■>; MM lit inbedi srodit were given to any one,
flMfa'WonU'giw it to perwn*^ his own State or nation ;
or to oaofa-otbar. TboM, if s merehaDl of New-Tork
tongtafk-Mi^ ofeottott, -and took it with him to London
wLivnpool; wiA m istaodrato buy goods, lie might cot
bvafalo todiipaMoriineoltantothoae of whom be might
#iihlo inriwrppr ri M>Bi,Bort<r»tiy one ela« for oasfa ; but
tbflsa latter wvntU BeverlbekM sell faiin the goods io quei-
tioD ; aodj ia pvfment tlMraofi instead of the actual pv
dlBwr of their goodl, Moept m their debtor, their Mff'
oo Miiliyiii an, who parebaaed Ae cotton, and who hai'lM'
tiw-iiMfi» ofp io e en t payment.

But'iP, after dl, it riioald be eoniended, that there vnM *
iliH be Bome creiBt'.iiTCn, and' taken, on both aides, not-
wltfaaiUidiDg ; botb' becauae men are indiscreet, and ',
l*^niae tbey cumot, all, in an equal degree, jndgt !
of'tbe probrfiillty of approaofaing revolutions, socfa, ia
eflbflt, aa this Would be, tboogn brought abotil enlirdy ,
by the force of public suffrage ; yet still the agitaiiotn, ami
discussions, which could not fail to show tbemaelves in (be
public tnind, on such an occasion, wouk) be in the nature
of a notice to beware, and to keep himself harmlees : as be
has always ihe power to do, who has property to dispose o£
If after all this notice he suflered hinnelf to be cau^t, it
would be his own fault. Besides, this is a state of things,
as observed before, which would make each of the ttro
trading parties equallv cautious ; their general course of
trade would be, to carry with them the means of payment ;
and if any little balances, through indiscretion, remained
unadjusted, it is altogether probable, that between two na-
Uons, the amount of credits given to each, by each, would
be as nearly equal aa may be. On tfaia supposition, tiuo.

(hat fbeae inconsiderable balancea were equal, all that tlic
gofemment has to do, which does not come into the sys-
tem of abolishing and renouncing debts, in order to regu-
late this matter among themselves, is, to take the debts due
firom their citizens or subjects, to the citizens of the ro-
Domwing government ; and give them to their own citi-
aena or subjects, who have been so injudicious as to give
credit to the citizens of a government, who, they had
eveiy reason to believe, would soon adopt a measure
whicfa would prevent them from collecting it.

These remarks, it will be said, apply only to such trans-
toCioDa as may be supposefl to take j»iace, after the antici-
pated change in our State Government, begins to manifest
indications of being finally adopted ; and that it does not
apply to debts already contracted. These, it may be ob-
lerved, in reply, are either due, or coming due, long be-
fim such an event -can have time to take place at all ; so
that there will be an ample opportunity to make collections
of debts already contracted ; or to fail of doing so, through
the insolvency of the debtors, to pro|>ose, therefore, the
abolition and renunciation of all debts, as between citizen
and citizen, and between citiz-n and foreigner, can pro-
duce injury or injustice to no one ; inasmuch as if it shall
be considered altogether idle and visionary ; it will receive
notice from no one, and will tlieietbre be a nullity ; and
inasmuch as on the other hand, if it appears to be a neces-
sary step for two millions of pe(/ple tu take, in order to ob-

tun their rights and pursue their happiness; then that
course of triule will be adopted, by which there will be

neither debtor or creditor, in either nation as regards the

other.

Besides, this question presents itself under another as-
pect. That a government, (m such^ which has contract-
ed, in good faith, a debt on its own account, should ob-

km* tte MM good Allh ia ita discha^, there seems but
liUkreuNtiaglf**!* to doubt. But bow far is the sbow
nUlgitia^ in poiat OT monbi for amtmct, it will not he

' fnteodad th«n ■ any, tf^ aafal a foreigner who credits ■
lilinB, to coflaet hk ^iMI It ia not even to be said, tbat
lUa WBB gonfBMBt em 1w called upon to lend the aid
of in ■m in enHoetinf dAtt, oxisling between citizen and
atflMB. IffOfenUDMlttAiaU^dosoat all.itisfron] iiaown
' |f>od wiB Hid ploMllNi % ind from the opinion it shall en-
Mrttintbtt tbspabBc good wUI be promoted bj it Ai.li'
■■■rhii of good pcdiejr ««en, it 'hu been doobtad bf aaaif
nen of tbe HMBdMt pnettoti flenae, whether Mich Me^
enM on tbo pirt of gOTRnmeiit, betire«i debtor ind tt»/
fitor, ii ndfinble. Bat, howoret inai dmj diffBr,oD Hal'

. pcuntiit win not ba admitted, for k. moment, that lbea£>':
aiaiijar,milgeet Bf* j 9 Ml » govenunoDi, hu anj eUin 9^1
tbjf gvmnineilt of (Stip State, f(» example, for ila aid i*''.
ooBootiDg a debt, wUch a diticaii of this Stale mtj iam
oa*lneted with the fonner.

It will be said, that the fitate of things which existed at
the time when the debt was contracted, ought not to be
varied between the partiea, until the transaction ia settled.
But to what would not tku principle lead ? The time has
been, in some conntries, when not onl; the body of the
debtor, but those of Am whole/amSy. and their potleritj/,
were sold for ever as slaves, if a debt were not paid, la it
to be eaid, then, if a government or people should become
sensible of the wickedness, injustice, and enormity of a
practice like this ; that a creditor, of a few dollars, it ma;
be, should rise up and say ; that until he was paid, it
ahould not be abolished ? To allow such creditor to have
any weight, would be to adopt a principle, which would
place the power of the government entirely out of its own
hands, into that of the creditor's. It would be, io db* .

tflroy its power, and to erect on its ruins a fabric, otLor
than that which the people of all countries have ever con-
templated in erecting governments for their common bene-
fit. It would preclude the posbibility of government cor-
recting its mistakes, or renouncing barbarous principles of
legislation, which, from causes out of its power at the time
to avoid, it was compelled to adopt.

It is apparent, therefore, that a State may, at any mo-
meaif that it pleases, suspend the operation of all laws,
within its own limits for the collection of debts, however,
and with whomsoever contracted ; and more especially so,
when it practices the corresponding justice of renouncing
all debts to its own citizens by debtors abroad, and pro-
vides punishment also for any of its citizens who shall be
guilty of receiving debts so renounced, if even a foreign
State were to be found that would allow it. And this is
more particularly a measure of justice to all. inasmuch as
it will be a transaction that cannot be hid from any one.
Thus, if in this State, we are ever to have a general divi-
sion of property, with a provision that it is to descend to
posterity in manner much the same as is pointed out in
this work, there must be some one to propose it : the
way in which this is to be done is by printing : and it may
be this Work or another. If it finds readers who think its
principles are sound and practicable, it is evident that the
writer is not alone in his thoughts ; others will be induced
to coincide, as soon as they have read, examined and re-
flected : the numbers of those whose interests, rights, and
happiness, the work demands and defends, will increase ;
they will soon be sufficient to elect members to the Legis-
lature, to fulfil their wishes, by ordering, in the manner
pointed out, in the present Constitution, the assemblage
of a new State Convention; and all this cannot be done,
without exciting, the daily prints as well as others, to takf

OIU

deep interest in what is going on, and thus to make Inxmi
not only to our own citizens, but to all the world, esfM-ff
pociali/ such as have any interest in knowing any thin|
about our affairs ; the revolution which is about to tike
place ; and which is not to be accomplished, without i
renunciation and abolition of all debts as has been pio-
posed. The whole world, therefore, tnll have notiee ; dej
ici7{ be toamed, not to trust their property to our citizen;
and, if after such notice^ they do give credit, they will have
no cause to complain of any one but themselves, if tbe^
buffer injury thereby.

But even if it were not possible to equalize property
among us in the way I recommend, without committiDg
what apparently seems to be the injustice of denying pay-
ment to the foreign creditors of our citizens ; still such
denial of payment would weigh but as a feather in the
scale. For, in this as in all other changes or revolutions,
it ii allowable, if it bo unavoidable, to perpetrate some
wrong, in order to achieve much good. Thus if injustice
were done to the people of another State or natif»n amount-
ing, as we may say, to 6 — and justice and right were
accorded to our own citizens, amounting to 100 ; this ex-
cess of that which is good, over that which is evil, would
justify the measure. In addition to this it may be ob-
served — that if the principles of the rights of property con-
tained in this work are true ; ihey are true in one nation
as well as in another ; and then it will follow that a foreign
creditor, especially of vast possessions, will only be divested
of property, which is not truly his own. if he should lose
much the greater portion of it, (due as it may be from one
of our own citizens) by the renunciation of dehts in ques-
tion. And if he were made entirely destitute ; it Would
be evident indeed that he was made so, (conjointly with
his having trusted his property to a foreign debtor) by the

311

abolition of all debts bj tbe governmeDt of a foreign State ;
bat it would be equally evident also, that himself and his
fellow-citizens or subjects have the same power that wo
or any other people have, to give to each what belongs to
him, by equalizing all property among themselves. If they
do not do it, and tbus bring home equal justice to every
Bian'a door, it is their own fault ; and they cannot, with
any propriety, blame a foreign government for it, who arc
only seeking to make the enjoyment of rights of all kinds
equal among their own citizens, and have no wish to in-
jure others.

Nor is there so little of regard in all this proceeding of
the abolitioix of all debts, to the just rights even of the
foreigner, as, at first thought he may imagine. For what
will be the true character of all the discussion, which this
or any other similar work may excite, if it shall excite any ?
Will it not be in the nature of an inquiry into the rights of
property ? Will it not be a tribunal, small and of few
members at first, but constantly increasing, (if there bo
justice to all men m the principles I advocate) knestigating
the tUUf by which any and every man holds in possession
for his own exclusive use, that which he calls his own ?
And when the entire community of the citizens of this
State shall all have taken a share of duty in these investi-
gations ; what else will it be, but a great judicial tribunal,
of all our citizens, sitting in judgment over, and deciding
fbr themselves in their own primary capacity, upon the
right to property, which each man holds or pretends to
hold ? And if such a great tribunal were seen, as it must
be, exercising its talents and its labors, to the ascertain-
ment of how much property belongs to each ; how much
one has mttre than belongs to him ; how much another
has less : and preparing to give the requisite orders ; would
not the very existence of such a tribunal, so employed, be

di2

a warning of tlie most emphatic kind, to all foreigiMn»|
and strangers? Would it not say in substance, to tiM:
'< We are in a state of uncertainty ; we know not eueliji
•* how much of each man's property, as himself temiiti
*<is his own ; we cannot tell whether it be his, or IM
•* much of it be his^ so that he could in strict justice, eat
<* tract debts upon it. It is better, therefore, if you deal it
<' all with him, to give and receive equivalents in all yon
'* transactions. Let nothing be done on time ; for the re-
*'' suit may be, that what now seems to be bis, will te
** adjudged to another, or to many others ; in this litter
'' case you might lose much. It is in kindness to 700,
'* therefore, that we say ; trust nothing to any of us, till we
**hav6 settled our own afiairs among ourselves ; and theo
<' all parties will know bettor how to act for themselves,
** than they do ni)W."

Nor is a notice, a warning of a similar kind, though to
a smaller extent, wanting among us now. Every day oar
Courts are employed in investigating the rights of property,
as they now understand them. And every day does it
happen that the right is adjudged to be in the person of
him who is not the holder. How oflen then does it occur,
that the holder or possessor of property, thinking that tlie
right of such property, is in him, contracts debts with some
creditor, often to large amounts, on the mere heUef alone,
as well by the creditor as by himself, of the existence of
such right in him, which he would not have been able to
have contracted, but for having such property in posses-
sion ? What then results from the adjudication of the tri-
bunal in question before us ? Why that the creditor loses
all ; for although the debtor may have received an ample
equivalent for the amount of his supposed title to posses-
sion, he is nevertheless unable to restore it ; inasmuch as
lie has imagined himself to be worth much, and has lived

313

^Bteordmgly ; though the event proves him to have been
worth nothing. Nor does it make any difference where
(he creditor has his residence. If an English Banker, un>
der an impression that the title to hb vast estates, of Henry
Rutgers, of this city, was not to be disputed, should lend
him on a long credit, a large amount of money ; and if
previous to the expiration of this credit, our courts should
have decided that the title was not in him, but in anodier ;
where would be the resource of such creditor for pay-
ment ? The estates would be beyond his reach ; and little
or nothing of the avails of the loan would be left ; inas-
much as the borrower, imagining that his possessions
would justify him in so doing, had indulged in enjoyments
freely ; and ehabled others to do so, too, on his bounty.
It appears, then, that even now, all creditors, foreign as
well as domestic, are subject to have their claims' for pay-
ment, rendered wholly abortive, by investigations iiito the
rights of property, by our tribunals ; and this, too, without
having that friendly pubUc warning given them^ which the
case before us supposes. It is evident, therefore, that the
course I propose to pursue, is even more just to strangers,
than the one now practised, inasmuch as he is treated with
more kindness and humanity who is warned of the slum-
bering snake, than he who is suffered, even unintentionally,
to disturb his repose and provoke his aggression.

Nor is any exception to be taken to the character I have
attached to a whole people when they undertake to inves-
tigate, judicially, all their concerns as regards the rights of
property. It is quite as competent to them ; they have
just as good a right ; to perform for themselves, in their
own primary character, all that they might demand of their
judges ; (if they thought proper to appoint them,) as they
have to act in their character as legislators, in a simi-
lar manner, without the use or intervention of agents

314

>)T legislatures. So also, in their own original and dr
inentary character, they have a right to fix upon the jm
riples which shall guide and guvero them in the decuBOtf
they shall ultimately make ; just as now, if they were about
(o appoint judges to act in their stead, which certainlj
Ihoy have the right to do, they would have the power to
say, by what rules or principles their decisions should be
governed. The judges themselves, and the principles of
law which are to control them, are of right and of neces-
sity, the creation of that power which has made both}
and any such judge having been created, has no power to
make his own principles, unless the power that crested
him gives its consent, m some way or other. And further,
if a judge have thus, by consent, made principles, which
were agreeable to him ; but are not agreeable to the power
in whose name he acts ; and who gave him his official
being ; such power can prescribe other principles, for bis
government, and he must obey them. It is not to be said,
that a whole community, acting in their original capacity,
are not to be considered as judges. I quarrel not about
Dames ; for although it may be granted that judges are a
less number, in the usual acceptation of the word, than the
community consist of, for whom they act: yet all are essen-
tially so, too, in the case before us : though it is not com-
mon to witness their actual existence. If any one doubt
this, let him imagine that an entire community has appointed
every man in it save one, to be judges ; then would it be a
part acting for the whole ; and so great a part as to make
no appreciable difference, between such part and the
whole. It is the fact of judging that constitutes a roan a
judge; and it is the same fact of judging also, that con-
verts a community into judges likewise.

If then it is not to be disputed, that <^jprinci|>/€* by
which the judges shall make up their opinions, as well a?

315

the judges themselves, are appointed, of right, by the Su-
preme Power residing in the whole community ; so also is
it not to be disputed, that such comrnun'ty or the succes-
sors of such community, have the right to alter such prin-
ciples, or to substitute them with entire new ones, when-
ever ihey shall be of opinion, that these will be better
adapted to do justice to each and every individual. There
can be no obligation, of any force on any one, not to cor-
rect mistakes ; not to make that better which is capable of
it ; not to make that perfect, which we have the power in
our" hands to make so. To think otherwise ; to act other-
wbe ; would be to perpetuate error as a duty ; and to
bar the road to all future improvement.

It is evident, then, that the right exists in any and every
community to^ principles for their judges : the same right
also exists in them to adopt the same principles themselves ;
if they should think proper to dispense with judges and act
for themselves. In the first case, the community, would
order its judges to conform its decrees to certain princi-
ples; and this would be a Legislative function, wh^ ti er it
were performed by the people, in their primary character ;
or whether they elected agents and thus constituted a Le-
gislature with power to do so. In the second case, the
whole people would blend both the Legislative and the
Judicial character in one ; and unite, both the instructor
and the instructed, the commander and ihe commandedi
in the same political person: and would thus -nlfil more
certainly, and unequivocally its intentions, than it could do^
by any agency whatever.

Nor is it to be objected that the act of such community
is not legal ; is not binding ; is not to be considered effica-
cious, unless done in some specific form, time, or manner.
Thus if, for example, a majority of this community — in
whom all right and power belongs, by the perusal of this

316

work, at their firesides or elewhere, or by any other means
should become convinced that the preseint system of the
rigrhts of property, is actually hostile to, and destructtfe of,
their true rights and interests, they would have the right,
so soon as they had ascertained their number in such a
way as to assure the minority and themselves, that they
were^auch a majority^ to order things otherwise, «8 to them
should seem good, without delay. For it is no more to be
required of a majority to abstain from takmg possession of
their rights, when they shall see where they are, and how
they can command them, — than it is for a man meeting with
his stolen or lost property, to refrain from taking it into his
possession. In this State, however, from the circumstan-
ces that all, or very nearly all our citizens, who are of the
age of maturity, have the right of suffrage, without any
diminution ; these, therefore, as soon as they see how to
exercise it have the power to confer on themselves, the
only right of which Uiey have never been m possession —
that is, the right of property. In other States and nations
where they have not sucli full right, or perhaps have it not
at all, there is a struggle to be made for two things at a
time ; that is, for suftVage and for property. But when
men, in sufficient number, see that they have a right to
the hitter, they will not be long without both. Let me
see mankind understand, each that his right to property is
equal to that ol any other man's ; and I engage to say,
that the present state of things cannot exist one hour after
they know that I hey have a majority of the same opinion.
But the greatest obstacle which exists to the plan propo-
sed, to ciaim ail lands within the State, to whomsoever
they may belong ; and lo renounce all lands out of the
State, whoever of our citizens may own them^ arises from
our connection with the Union as a member of the Confed-
eracy. If the State stood alone, there would be no diffi-

317

eulty. For the uniform practice of most governments, is,

to refiise altogether, to allow any man to hold land who is

not a citizen or subject. And as regards our own State,

when we do not speak of our fellow citizens of the other

States of the Union ; we may say that even now there are

very few exceptions indeed ; and these arise from special

. permisBioD granted by our Legislatures. I have no means

^ near me of ascertaining the number of these exceptions ;

^ but I have no doubt that nearly, and perhaps quite every one

J of them, would cease to be such by the operation of that part

. of Article 2. which orders every alien to be considered as a

j citizen, who shall have been resident for five years next

previous to the time when the supposed General Division

shall have been ordered. If he should foresee that such a

Division was likely to take place, and should be averse to

it ; so much so, as to be induced to leave the State, he

could, no doubt, if he had them, dispose of his lands at

some price or other ; but another citizen would not be more

desirous to purchase them than he was to retain then), un*

less, indeed, he approved of the proposed system ; and

then it would be of little use for him to purchase. The

alien owner would then find that it would be probably quite

as well for him to acquiesce and become a citizen. ]fy

indeed, he had much personal property, and this he should

conclude it would be much better for him to depart with,

and sacrifice, if it must be, bis real property, he could even

do so ; and there would be nothing to hinder him, although

in strict matter of right and justice, there ought to be a

power capable of restraining him.

I said that the uniform practice of most governments is

to refuse to allow lands to be held by any but citizens. If

an alien wishes to hold land, he has only to become a citi*

zen. This removes all difficulty with him or the Stf^te.

Tn the discussion on the subject of the Salt Springs of this

07*

8i« :

Stele, ft kMmi^ a mia t^T ldi» peiMritaiir^
odMT wwdi, « mtti cT widlii, ciilttM M
riiilo1lHBtetB,.tiid bobcwho ■ ritinii,
Umidror aB he Iku, 0m IB aiM^
MHtffJItmhr tot the time -Moc ; nnViw. inflrtuJ. ki coiiiB-
fiom tnodwr fitufi}, where Ihe eqml nghiror aft^^e |)Nn^
imtf ire adoMwIedlfad, iui k ia pr^ioeed tt B |M lriU|y
km; end wiierev alio, behae, on arrifing at'tto^egeii^
naiariljy leceited Ua {wfariaioiiy* It ia iAowh tto 'lejililf^
MydaiBgtaMtoilieriglrtaerthe.ci^ of tifafliala^!
to aO«m of the inflinc of fneo who have aeqnuefl ImmwH-
auw by the c^ieralioo of imeqaal lawa, in ccpotiifa friM:
tolerate their onMeoce* It will be prodoetive ef qaiM^
evB enough herot to aBow « inuii who ahaU became rtolg^
(pohepa by tranaaetiooa in littenam with a^n whblanli.
amaaaed greet atuna, ftom the iqipiteeaoiiroea meattMed;)
and whb have yet had only thdr eipid portionto'ooBmMNe
life with. Bat thia it ia better to tolerate, than to tdkiata
the greater evil of interfering with the aequisitiona and
plans of any man while living.

Yet, notwithstanding all these apparent difficulties with
which the subject is environed, they vanish when we ask a
siugle question. Will the State of New- Jersey, for exam-
ple, compel every citizen of New- York, holding real estate
there, to surrender the same, or the value of it to the
authority of this State, in order that it may inquire, who,
among all our citizens, is or are the rightful owner or own-
era of it ? If they will, there can be no difficulty. Even-
handed justice will be done. If New- Jersey, and so of
any other State, will hand over to ua all such property,
within their limits, belonging to her citizens : we will hand,
over to her all such property, within our limits, belonging
to her oitizens, subject to such disposition as that State
V-- ^aetomakeofit.

LetitBOtbe fiorsotten, *iiat iiie cine object n .uc Cu
latkn m xJm State, which :t ^ proposeft to jrng muui, i
two-fiiU. First, to inqmre la the State, jr .n Jeu nu!t:u..
its cilBefla* haTe in inquestionaoie r.qnt -jo io. niu iw
HdeM^hf which everj nun .luiua. jr pnstenua to loii:. -v'la
he dlh his property . ind second, it' hi: hoid loo aiacij
and iBodier too liuie, to order the excess to be given ;::
sncSi a maooer aa to auppij the dedciencT. But, it would
be of no oae, whatever, to make inquiry into these t-.ilc^.
if, after having decided adverse to their ro/Mii/jp, wc cvutd
not poBKsa oorselves of the property held under them It
is, therefore, essentiallv necessary that the property br m*
coured first, and inquiry be had afterwards. How. thru.
will the State of New-Jersey proceed to obtain for u-. kh
nmch real estate as belongs to our citizf.mi, withm Uft
UmitSy on the supposition, that the pcopli: cif ihinSinti-. hav-
made up their minds, to make an c(|ual divimon of iith
perty among them? May not tho citixon of N>.w V'irlr.
jeetn^such an event approaching, if Un owri pthii^tf/ ir.
New-Jersey, convey it away, for frxarnpU:. i/# • ' .».//r. '..
the State in which this property ih friund ' 11 i»f- ''.'.* -• •'..
may be not either receive paymimi m f/i'*f.» y ».# K'.i.^: ' t
in money, an article of easy ':of»/:':'ilrri»:r.». r/*s/ .» /.*.' ^
many cases, oaths to tlic contr^r / f./,t <r.n#*ui./;./.^ •^. % .
ried in the ground, and onriitu;'! »j. u.z ..'.#':.'.»/.*/ ' t: • .*
a bond, it is a debt ; and ax vk'.u a, r/ •^. 'a-. .-•/-. '.
money, and thus w;ihh';Id ffowi v.#: •. -• / « .• « . ^ ;
afterwards demand it. .-># f:.%i .'^. •♦^^'^ '^ '- y/
hid property, or excUr.iif«i for ?. « v,'>c />.#«'/^/./

such asihall be of ea^o '//tJA^^uJ^* '■ *-'.

the meax^ of t f a.-. •r> **£/.''. v* . *'

the Stole. I t;k,jfutuft. w.*.^ /. <^^-' ^

perty, as yet, a v^y/A^ ^ — -*^'^ ."!""/.., /
might be r-ct c%<; .' i ' -; ' -; v* <: '

320

people of this State, after due and deliberate ioTestigitico,
should declare that it was not his to have gjven away, wbaN
would be our remedy ? Could the State of New-Jersey aa-
nul the gift ? Certainly not, under her present code of hiwa

Again, may not such property, in anticipation of n
event, which many rich men will deprecate as an evil ef
the greatest magnitude, be conveyed away, through coin-
si ve judgments ? Will not counterfeit suits be broogfatioto
court, by unreal plaintiff against unreal defendants, for the
purpose of suffering, or rather causing conveyances of pro-
perty to be made through the medium of false executions
thus brought to bear against it ? How is the State of New-
Jersey to be able to prevent these frauds ? Yet, if they be
not prevented, it is certain that the property of our citizens
in that State, would never come into the possession of the
people of this State, to receive such investigation into the
title by which the present holder claims it, as they have the
undoubted right to make.

But half the difficulty is not told yet. For if the State
of New-York should undertake to inquire into the right of
possession which each of its own citizens has, to what be
may happen to possess ; it would be doing neither more
nor less than what a whole people have, at any time, a right
to do. So also, if the State of New- Jersey should happen
to think that there was no occasion, within her limits, to
make similar inquiry ; if her people should be satisfied that
property was altogether in the hands of the rightful own-
ers, it would be competent also for that State to remain as
she now is.

But, in such an event, what might not happen ? Not
only would it be impossible for the people of this State to
come into the possession of what now actually belongs, in
that State, to our citizens ; but the entire soil qf this whale
State might pass into the hands of the citizens of (^her

521

States I Thus Lorillard might sell all his vast possessions

P^ toa cUizen of New- Jersey;, and, if this State is not to touch,

^ without full indemity, nor even perhaps with it, any pro-

j porty belonging to a citizen of another State, such a sim-

^ pie procedure would take it out of our hands. Nay, even

. not 80 much as this would be requisite ; for the gentleman

^ .named would only have to remove his residence over to

. Jersey City, or to Hoboken ; and there become a citizen

of that State. Van Kensellaer would only have to cross

the line of Massachusetts into Berkshire county, or to

choose his residence and citizenship wherever else he

pleased, in any State but this ; -and so of any other person.

The State of New-Jersey, or any other State whatever,

could not prevent either these transfers of title, residence,

or citizenship; for, inasmuch as by the first clause, in the

second section, of the Fourth Article of the Constitution

of the United States, '* The citizens of each State shall be

** entitled to aU the privileges and immunities of citizeos

** in the several States,'* it is placed out of ^their power, if

they were even desirous of doing so, to prevent so alarming

an occurrence, as the transfer of the soil of an entire State

out of the possession of its inhabitants.

There is no question to be made, that the people of each
State, as a sovereign State, have full jurisdiction over their
own concerns ; that, among others, the rights of property
held by its own citizens, are, with them, legitimate and
proper subjects of inquiry ; and consequent upon such in-
quiry, they have the right to make such disposition of it,
as in their opinion, true justice demands and requires : and
yet, if the present holders of property should apprehend
that the inquiry, which they will not haoe the power to hin-
der from being made, should result in showing that they
had no just title to any, but a very smaU portion of what
they actually hold^ and that the excess would be taken

322

from tbem ; tbey would have nothing to do ; but, befae
the inquiry is terminated, to sell their property to adtixet
of another State ; or to transfer their citizenship thither,
to evade as effectually the I'uJl and legitioiate power of tbe
State, as if it were written on tbe pages of the Constibi-
tion of the United States : *' No State shall manage itsowB
internal concerns/* Such, certamly, was never intended
to be the meaning of that mstruinent. For if such hii
been the case, the present State Government woirid not
have existed. They would have been abolished, and super- I
seded by one General Government, providing forthelegis- f
lative wants of the whole nation. And in such an event,
the proposition which I now make tii the people of this
State, through the medium of this Work, would have
been presented to the people of this whole Union, for their
consideration and adoption.

Thus, if it shall appear that this State, for example, is
under a necessity to declare, in substance, that all thefffh
perty found tnthin Us limits, is the property of the State^ it
is because, unless it shall do so, not only the property noW
belonging to our citizens out of the State, wiU be lost to it;
but likewise all the property within it, would pass into tbe
hands of persons who live without our limits ; and over
whom, of course, we couM have and exercise no control.
To undertake, therefore, to investigate the rights of pro-
perty, in this State, under such circumstances, with an io-
tentionto divide it equally, if it should be determined that
such is the rule, which secures to every man his just right,
would be the idle task of folly ; for it would only be to de-
clare that an equal division should be made of all property,
when it would appear that there would be none remaining to
divide.

Men who understand their rights, are not, therefore, to
be deluded into any frustration of their efforts to possess

S2S

itiem, by pursuing a course so iaefficient, as that of at-
tempting, under the circumstances before us, to obtain
Ithem , and, at ike same time, to give to citizens of other
States, the possession or value therefor, of that property
.which they now hold within our limits.

But it will be asked, since there are already citizens, in
Other States, who own property in this, may it not be per-
mitted to them to receive their equal share among us, as
citizens, whenever such division shall take place ; and to
give them such share in consideration of the property they
now hold ? Let us look at this proposition. Let us look,
indeed, at every step we take, when we go to arrest prop-
erty ; for it is such a Protean being, that it is no easy thing
to get it within our grasp. And landed property, since it
is invested, by the qualities which a piece of parchment
confers, with that transmissible character, which belongs,
niore naturally to moveable property, is as easy to be kept
out of our possession, as a guinea, which may be buried in
the earth, where none can find it but he who placed it
there.

Thus, tlicn^ suppose it to be announced, that the plan
of accomplishing the proposed division, is such that citi-
zens of other States, owning land in this, should, when the
division is consummated, be considered as entitled to their
equal share with our citiz^ens, of the property of the State.
fVhat, then, would not happen ? The moment there was
any thing like, what would by many be considered, a dan-
gerous probability, of the occurrence of such an event^
would not very large estates, here, be sold, in very small
portions, for large purchasers, could not then be expected
to be found, (otherwise, large owners would not wish to
fell,) to numerous citizens, of other States, for the double
purpose, of giving them patrimonies in our soil and other
property on the one hand ; and of enabling our properly

324

holders, especially those od a large scale, to make thdr
investsments in other States. Thus Lorrillard, or Rut-
gers could sell out their houses and other property to
multitudes of purchasers ; the proceeds might be laid out
in Philadelphia, Boston, or elsewhere ; and they thus re-
tain possession of their entire estates. These purcfaasen
would come in and share with us, and as many of them
might not be expected to have their present notions of
property eradicated ; they would very naturally look upon
such'a proceeding as affording a fine speculation ; more
especially as, in the General Division which I am suppo-
sing to take place, these persons as well as any and every
other would be enabled to bid for and retain then- share,
wholly in personal property ; and with this, after the divi-
sion was completed, could retire with it from the StaU.
The result of such an operation would be, not indeed to
transfer our real property out of the State ; for, luckily, it
cannot be carried away ; but a very great portion, if not
the whole, of the personal ; and, that, for the purpose of
enabling the present possessors, to transfer their posses-
sions to other Stales ; and thus to take it out of the hands
of those, who alone have the ri<rht to say what disposition
shall be made of it. No one need say, how calamitous it
would be, for the people of this State, by such, or any such
operation, to see themselves stripped of every thing in
the shape of personal property. It would be little less than
to restore the soil again to the condition of a wilderness.
It would not meet the objections that rise up against
such a proposition to say, that every foreign citizen shall
have purchased to an amount equal to the dividend, which
he shall receive, even if such a provision itself were prac-
ticable. For as the amount of his purchase is paid into
the hands, not of the community, but of him who is selling
his property in order to evade the anticipated decree oi'

325

Ihifl community, it therefore avails the receiver of tljr
amount so given by the purchaser, to lay it out again, in
other States ; where it would be out of our control. If it
is to be supposed that such receiver would be honest
enough to give up to the community, the avails of the sale,
it is also to be supposed that he would be honest enougli
not to seU his property for the purpose of disobeying the
commands of the public authority, even by way of antici-
pation. But it is in favor of the dishonest, that such a
provision would operate ; and to the prejudice of the coni-
mmiity ; and, therefore, it is not to be allowed on any
account whatever.

And here perhaps it is as proper, as it may be el^whcre.
to observe, that, if one thing only could be supposed to
exist, it would be better at once to admit, of the immediate
influx into our State, of great numbers of poor men from
other States and nations ; and also to a full participation
of patrimonies, with us, in the first instance. The objec-
tion to such a practice is chiefly in this. Their notions would
be likely to be what they now are, with respect to pro-
perty : they would imagine it to be the best course for
them to obtain what would in such case be coming to
them ; this, they would be sure to take, in moveable pro-
perty, and when they had so obtained it, would leave the
State, and go to others, where they might enjoy it, upon
principles such as have resulted in making them the op-
pressed portion of the human race, which they now arc.
Strange as such a procedure would be, it is nevertheless
not more so, than it is now, to see, much the greater part
of all nations, sitting quietly down, in their own degrada-
tion, misery, and wretchedness, and never once thinking
for themselves, that their right to property is as good, is
as genuine, is as worthy of reclaiming or defending by
Argument or by the sword, as any right, for the acquisi-

323

tlon, protection, and cajoyment of wbicli, any maB)
BBtion of mep, hare ever abed blood '-

If, however, on the contrary, they eouM come with ai-
bghteoed vicwa of their owu happiness ; and of that of tfadr
posfenly ; there would he no limit to their admisaoa ia
. very considerable Dumbers, but the quantity of peTSOiui
property, which will be found in the Sute, whenever a
Generel Division BhoIJ take place. There is of course a
limit to the subdivisioo of this ; beyond which if ire go, at
the first selling out, of the new system, the eSect pro-
duced, would be, to diminish ihc quantity of the results of
our subeequenl industry. The soil, however, of the State,
is ample enough. The late De Witt Clinton, if I recol-
lect aright, estimated it as being capable, even under pre-
sent modes of employing industrj', latent^ and resources,
where every thing that ia good, great, generous or useful,
13 pardylic, with the oppressions, which inordinate wealth
inflicts upon it, of supportmg fagrteen millions of peopla
How happy for the Stale, would it not be, if we could
rapidly approach what to him appeared as a masimUB,
liul which undoubtedly is very far from being such.

As the ideas of men now are, and as ihey may be ei-
pected to he, in nations, where the principles of Uiis wo^
bam not, and shall not have been made known, wbemrei
the tinoe shall arrive that this or any other State is about
to adopt the system of government marked out in it, aocli
Stats will ffnd itself under the necessity of fixing a time,
tfter which no immigrant citizen or foreigner can be enti-
tled to reo^ve a patrimony. The citizens wiU be aDowed
to come, without restrictioQ ; but inaamucb as it cannot be
known whether they have come for tbe purpoeei of idefr
tifying tbemBelvea with the future deadnies of tbe State ;
<n of carrying aw^ a patrimony j each patrimony cUBOt

337

he given them. If they remain, however, their thlUttu
win be citiasens and be entitled accordingly.

The proposition, therefore, recurs ; ifariotln-r Hfaic ruu
and will give up to our governing authority all fht: prg
pertj it has within its limiU, belonginif to our Kitr/j-un ,
tUi State will also do the same an rf:|far«l« |irof4«:rty m liz
paanarion, belonging to tkeir citizc-nH. H mIm; «:«fif.«/f «]o
it; is it to be expected, that we finjiit forU^ar to •-/.':f«.ia«
those rights of sovereignty over our fiwn ttlfuif*. whii h ,u
herently belong to us, as much um th«'ir6 t^A'atti Ut tM.fij,
merely because we cannot neparitf; Mrhiiii;vi:f truly \»^.\»*u*it:
to them, from vvhat truly beloni^v to us . uiA liff.u'^a*. wt.
cannot obtain from them what thfry H\^t huvi: «if •**itit ut
their possession ? Must tlie rights of *uuf*- tlmu u it,:,o§.
and a half of human (leinj^M iHslofiyifif/ t^/ linc ^'^^ i^o
unattended to ; must thejf be v^UkktM ft tun tlum. (#«.< vmml
a most contemptible frac^u of thia ii*j'(fi#i;f . Ijuvc. \,y lU.
sanction which this State^avis to th«? f.niu^j S^Uti/;c ^i/i;
BtitatioD, some forty years «fo. \ifjru ^iiowt^i i// vwfi \utA
ed property in this State ? fiid Uai: fr<tffi<-fr. of fc'A« i. w « vi.
stitution, contemplate leudi a ^y/fint^i':*.'/*! '/t ii i..,. i.^
State government would U; ^lioMi/j i/# fiiti.* ^•A<.l. .».««•:
regarding prof^erty, nis vbould »ui* u«« f«Miv«.i: ' ij.«J «i
mean to say, tliat a ^tat«; ^'lo-ji^j fio* j/i*-^..-. u lu.v f'/i t,/
ample, that no c\i\viu ViO»j.'i 'jwn '/v«;r v/^ u.« fi..-. '/f ^u/
if it happened that previout i'> *.v; {/aari;.^/*. of b>^ i. ■ it*#v
some citizen of ariotutrr Hu'a K'.o'i>' t^/ .'««.f<tv;!r i.u<<oii<
to own, in this, mf/rt ^h}x.u Miif.\ 'i/^bt '.> ' '

If not, then wouW fcv;}i i'^ui*. btiv* ti.«: #.i/j i^^ j,w.ra
such law ; and ihn ri«.tiyi; oi /4;c.o<m «if>A<j« ,f«y<.'J li<.
obliged to make rsfcl«;of Uit ovi:/j/ii<.R >^o «;.-.«, J h.* >ui4,.
instead of fixing at //^i hj'.niz tu Ouj tht Koifiun Ayfiunun
Law ; should fix titn qannUty of iufiii i;i :L'i*.h u ii>iiiiL<.f ol
acres, that &U would have un fjuul tJiUic. \voji«i )» /'yi f)K

328

competent for the State to do so ? All that the Constita-
tion of the United States requires, is that the citizeDS of
another State may enjoy the aame rights as native or reO"
dent citizens. It may be contended, perhaps, that on Has
principle, the citizen of another Siate, while his property
went into the General Division, should also have his patri-
mony ; and that against this, i have made strong opposi-
tion. But i will cease this opposition^ whenever other
States shall do the same by our citizens. Besides, in an-
swer to this; I may moreover make ttoo replies; one;
that no man has title to patrimony on the ground of put«
ting property into the general division ; for this patrimony
is not a thing to be purchased — but belongs to each and
every citizen of a State, in virtue of his existence : and
another is ; that this State also, as a StaJte^ has its rights
in the other State ; that is to say, it has the right to havo
possession of that property of our citizens which is there,
within their limits ; and which I have shown (under exist'
ing circumstances) cannot be commanded by the entire
power of that State, even if it should desire it ; and for the
simple reason, that it cannot ascertain where it is and in
what it consists. If this coultl be ascertained, it could be
given up ; and its amount would be known. But as it
cannot be ascertamcd ; then it is but fair to presume, that
it may be at least equal to that which wc, in our own
State, retain in satisfaction and lieu thereof.

But if the State of New-York, has rights, in relation for
example, to the State of New- Jersey, they are at least
equal to those which the State of New-Jersey has in rela-
tion to them ; so that, if this State may not retain, or lay
claim to the disposal of real estate, within our limits, be-
longing to citizens of New-Jersey ; so may not the State
of New -Jersey retain or keep possession of the similar
property of our citizens, within her territory ; and if shu

329

does io ieqfpossessk^t whether from inability to do other-
wise, or from whatever other cause it may be ; so also
may we, in return, do the same. Nor would the Supreme
'Court df the United States, in such a case as this, be able
4d afford the citizen of New- Jersey any remedy, because it
is not a case in which any violation of the laws of Con-
gress is involved ; wherein the rights of such citizen could
be investigated without any reference to the State of which
be might be a member : but it would be that particular
kind of case which may justly come before this Court,
wherein the only question to be decided is, do the two
States, New- York and New-Jersey, for example, in the
exercise of tlieir individual rights of state-sovereignty, act,
andvje-act equally upon each other. Thus, it would have
to ascertain a simple fact ; does one State appropriate
another's property, existing in the right of its citizens :
and does the other do mare ? In the case before us, like
is given for like, for aught that appears, or can be made
to appear, to the contrary, and the decision of the Court
could not fail to be, that under the circumstances, each
party must be left to the full and undisputed exercise of its
own sovereignty.

If further confirmation of the position assumed for the
the Supreme Court were wanting, it may be found in this.
That the Constitution of the United States is the result of
a Convention of States, and not of the population of
which they are composed. Thus, if New- York has been
compelled to allow the citizens of New- Jersey to own lands
within its limits at all, it has been in consequence of the
compact made between the States by that convention, and
afterwards sanctioned, not by a majority of the j»eop2e, but
by a majority of ike SkOee. If the State of New-Jersey
has also been compelled to suffer a like ownership of lands
within its own territories, by citizens of New-Yorfc,it has been

ton of a nmilar neeesBity. If oow, vilfa
9 to otM of theBe States, whollj nithin the sove-
f irliidi Mongs to it, a case ariseB, in which it is
ic of them, to call kome the property of lis
t be said, in behalf of the State nhich re-
> surrender it up, that it may have its
IfiD tigte-in te other State, in manner the same as if it
Md mdt'ttcvtt'render ? The individual citizen, orciti-
IKtm ofOBh^Mte, aa refusing to surrender the property
iMlob^litf to oMleiis of another State, couid ikey come
iniD CSooii, waA claim that their rights, fractions aa Ihej
tn of tbs State to which they belong, should be held of
mora coDridentian than the whole adverse Stale itself? A
State, too, wiiieli was one of (he parlies, to the Great Com-
giet of tfao Unkin ; whereas the individuals in questioD,
jto whdlj tlrtaown as such t It is impossible. Ifsuch ci-
iSiina m injand, it is their own State which has done it,
' \il not gTfUV op to a neighboring State, that property
iriiicfa aticb State has as gO'.< a right to demand, as theii
vm State biB to demand theirs.

TbtiB far have 1 argued the question of power existing
in this State, or any other State, to take tLe method I have
proposed, of bringing about a General Division of Proper-
ty ; whenever they shall be convinced, that it belongs to
to their rights, their interests, and their happiness, to do
■0 ; in order that I might have the opportunity of show-
ing, as well that it is cunsisic/rt with our obligations of
duty to the Union , aa that it is impossible for it to be done
in any other manner. I trust that both are eatabUshed to
the liiU sabafaction of the reader. I have chosen to de-
fend the right of this State, to make such modiflcatioB ti
its internal goremment as I am recommending, witbovt
any necesuty to be felt on its part, to wut for, or coiMilt
other members of the Confederacy, before tbey ebould OQ'

331

dertake to build up the edifice of their owil happiness. Il
thaO| such right is maoifest, standing alone, and single-
handed, as it were, in the cause, with all tlic relations by
which she is connected with other States and the world ;
how much more manifest would such riglit appear, if she
might hope for co-operation from her sister States ? And
yet it is not to be admitted for a moment, that if our con-
nectioD with the -Union interfered with our own internal
arrangements, so as ta prevent us from giving to our citi*
sens, to each, what we think belongs to him ; it would be
folly competent to us, to break off all such connection as
waa made by our ancestors ; these latter having no just
power to bind us lo sacrifice what to us shall appear to
belong to our own rights and our own welfare.

' Thus, if it has been found an impossibility in justice, or
any thing like it, to ourselves, or to others, to accomplish
our object, without, in the first place, reuouncing all our
external property, so to call it, and without claiming all
within our borders ; to renounce all debts ; and to reiusc
all credits : how do the difficulties vanish, when any two or
more States combine, at one and the same time, to accom-
pliah the same result / The rights of man are the same
every wh< re ; the same for the people of New-Jersey as
for the people of New- York. If, then, it should happen
thai they should awake to such a sense of their rights as to
order the creation of such a state of things, as I ardently
wish to see established every where ; at the same time,
that this State should ; and both should go on together,
each to reform its own social system ; it would lighten
much the labors of both. For, then, if U should he dc-
jmd, if it should be thought more consonant with the prin-
C^>le8 of justice, than otherwise it would be ; then might
each State give up to the other the property of its own
citizens ; for then, neither territory would bo a land for

332

fraud, eunniiig, knavery, and perjury to flee to> as duertt
fly to receptacles of stolen goods, or unworthy debton (o
distant and unknown countries to avoid their crediton.
For either of these cases apply with greni force and ener-
gy to men, who, with vast possessions now, which ttey
have once and aitDaya thought, perhaps, were their own,
have, nevertheless, no honest title to it, more than the thief
who has stolen his property, or the debtor who owes his
creditor, and who runs away from him, so soon as he finds
he is in pursuit of him. What better is the man, than a
thief, who« thinking, perhaps, for a long course of time;
that what he happens to possess, is truly his own ; yet ne-
vertheless not his ; and yet strives to appropriate it to his
own use, and detain it from the lawful owner, after he
knows where and who he is ? Thus a man may, by inheri-
tance, perhaps, obtain property from his ancestor ; and
among it, without his knowledge, there may be a quantity
of stolen property ; the owner may be made known to
him ; and the fact of ownership be established. If he,
then, keep it from the lawful owner, and appropriate it, or
attempt to appropriate it, to his own use, does he not steal,
or attempt to steal it, for the second time ? And ought he
not to be punished as the first thief would have been, had
he been apprehended ?

So when men in society awake to an understanding, or
are beginning to awake to an understanding of their right
to property ; if we shall see the possessors of it, flying in
every direction, to escape the doom that is approaching,
endeavoring, in every manner possible, to put it out of the
power of the community, to repossess themselves of
that wealth, whatever it is, which is the common pro-
perty of all ; it wdl be what we have good reason to ex-
pect to see ; but how little difierent will such men appear
to be from those vile malefactors who now daily march to

3S3

r die gallows, for crimes of not half the enormity ? For ma-
I ny of the acts of such malefactors are but the acts of repri-
sal, which the present unjust system of appropriating and
[ . transferrmg property, has rendered it necessary, in their
' opinion, for the perpetrators to commit ; acts, which never
would have been committed, but tor the denial of the first
and most important right which man possesses, that of his
right to property.

When the period approaches, if it ever shall approach,
for the realization of the views contained in this Work,
every artifice will be resorted to, to defeat or delay them ;
and one the most iikely to occur , is, the proposition to
adopt the system in part. But, as Thomas Paine has
somewhere observed ; *' there is no such thing as half
right and half wrong ;'' and whoever thinks there is, when
he awakes to a discovery of the real truth, will find that
every half-right and half-wrong system, is a system which
is wrong altogether. Thus, of what use would it be to
say, that a General Division, throughout the State, of all
the property it contains, should not be made ; but that the
system herein proposed, of transmitting property to posteri-
ty, should be carried into operation ? Is it to be Md that the
poor have not been enslaved long enough yet ? Must Lo-
rillard retain possession of his five millions, in order that the
poor, if he shall yet live fifteen years longer, may be com-
pelled to add five millions more to it, for Ms use, instead
of creating this wealth for themselves ? And if he be yet to
live other fifteen years, must these same poor swell these
ten millions to twenty millions, by the sweat of their brows,
when all this increase of wealth is honestly their own, and
ought never to be his ?

If a General Division is not to be made, such is the efiect
that is sure to follow. Besides, the evil will not terminate
with his lifetime ; at least such will not be the fact gene*

331

rally. For. as property which is not money, may yet b
converted into money ; so teiB it be ; and if a many wkk
the present erroneous views of bia right to property, is not
permitted, in his lifetime, to make a wiD* which will be
valid after his death ; he may yet, although against the
law of the land, and no doubt, would, (I speak generaDj,)
secretly and clandestinely ^ee it away to his favorites, chil-
dren or others, in his lifetime, l^hese, again, would con-
tinue to act with it, so as to increase it in a similar manner
out of the labors of the poor ; and thus would the causes
which now cunse the earth with calamities be perpetuated,
to an indefinite period of time. Whereas now, if we rip
all up, and make a full and General Division, Lorillardi
any more than any other man, would have nothing to spare,
for the purpose of giving away ; none would need it, if he
had ; and aUhi>ugh he would seem to be very poor, indeed, .1
compared to what he now is ; yet, he would be as near the |
alms-house himself, as any and every one of his fellov-
citizcns, but no nearer.

Nor is it improbable that holders of much smaller for-
tunes, although far above what will probably be the
amount of the patrimony heretofore spoken of. would find
it much more to their interest, than they at first thought
may imagine, to insist upon the levelling of their Colossal
neighbors. Every day furnishes evidence of the ease with
which capitals of from one to five or ten millions, swallow up
and appropriate to themselves, other capitals of thirty, fifty,
or a hundred thousand : so that the very precarious tenure,
by which their small fortunes are held, ought to be an ad-
monition to those who hold them, to accept of a smaller
amount, when it can be held by a tenure altogether secure.
In the pecuniary world, it is much the same as it is in the
vegetable ; large umbrageous trees overshadow those
;VhiGli are smaller^ and prevent their growth. Independ

335

ont| thererore» of every consideration of right, dun l^
iny and every fellow being around us, the possessors ol
smaller fortunes, have an undoubted interest in pulling
down those which are larger.

There are those who do not look far enough into the
nature of the reasons for this first and General Division of
property, to refrain from saying, ** that it seems unjust to
'* take what they have acquired from those who began tfic
'* world with nothing, and divide it among their fellow
" citizens ;'' and to these it may be said, tiiat it leema so,
indeed. $ut this is all. There is no hardship, no injus*
tice in the matter, whatever. The truth is, the whole
world, and all that it contains, is a vast estate, and all man-
kind are the heirs. It has happened, no matter how, it hai
hofpened^ that a few of the heirs have got all the property
into their own hands. If now an heir, who, at one time,
had none of this vast estate, succeeded in getting any por'
tion of it, he must have obtained it from those who Itad it,
and not from those who had it noi. He obtained it, there-
fore, from those who had usurped it, both from himself and
others. If aflerwards, by any use which he could or did
make of that which he obtained in the first instance he suc-
ceeded in greatly increasing it ; he in his turn has become
an usurper of the rights of oliiers, inasmuch as he retains
from them what belongs to them ; and these others will not
fail to call upon him to surrender. They will say to him>
« We are heirs, in common with you, in this great estate.
" We have been deprived, till this moment, by you and
** others, of our right : whereas, if we had had it,t0e also could
** have made money for ourselves as well as you. But we
^< did not happen to stand in the same fortunate relation in
<< which you did, to those, or any of them, who robbed us
<* both, or who, at least, became possessed, of our birth-
** right ; and, therefore, we have remained poor and

336

^ wretched, daves to you and others, and dependent on
*' you and them for our very existence. Nevertheless, the
'* the estate is as much ours as it is yours, and your fel-
'* lows' ; and, inasmuch as you have held it from us, you
<' must now restore it, with all the profit you have made
<* on it ; (such is even the law of the land now in similar
<< cases,) and we will begin life ftou), as it ought to have
'< been begun at first.'*

Perhaps a diagram will give force to these reflections,
and tend to make more visible than can otherwise be done,
the injustice of the title by which those who are rich pre-
tend to hold what they call their own, and on the strength
of which they undertake to resist all attempts to take it
away. But the history of all countries, shows two import-
ant facts ; 1st. That the property of the globe, or portions
thereof, has never been equally divided among all ; and
2dly. That it has not been transmitted equally to the suc-
ceeding generations. Now either of these events having
never happened, all title property, is vitiated and worth-
less from the very beginning ; and, therefore has no vti-
lidity or justice in it, down even to this very moment.
Thus the accompanying square, A, B, C, D, may re-
present the whole surface of the globe, and, for the con-
venience of argument, we will imagine the quality of ils
^oil, to be equal in value, in all its parl5«

^37

AHowing now, that there were, for example, ten thou-
equal human beings, upon the surface of this square,
prefious to its being subdivided ; what enormous injustice,
would not be perpetrated, if, by any means whatever, one
min only, should take to himself the portion of territory
marked '* No. 1 ;" another *< No. 2 $" a third " No. 3 ;"
and a fourth *^ No. 4 ;*' the remainder having nothing. If
the whole territory were divided equally and properly
among them ; he who now is supposed to own *< No. T'
would have, for example, the small square near B, and no
more, for his own equal portion ; whereas, by possessing
himself of the whole of the large square marked '* No. 1'^
he has actually much, very much, more than belongs to
him. Those who have none are obliged to hire of him.
They pay him for the use of that very soil, which does not
belong to hin>, and which does belong to themselves.

338

Willi Hbttt Im reeeivea in pajment. Tot this hire, i

be bnUi banes and ships, and buys goode, wares, wti
■MAaidfaa ; in one word becomes wealth;, and able to
MhhU. ■* it were, the lives and services of his fellow-
biliiffc Bat if he had no right to that targe pordoD of
lo3( B tba fint instance, he hod no right to recei?8 rent
, Awn'oUMn, ht its use ; haviog no right to these rents, be
. Mn hat* ao r^ht to the property, to the wealth the; por-
ihawoifot bini ; having na right to what he purchased,
In hi! BO r^lrt to retain it ; aad, having no right to that
-ttys fimrtitf of soil in the original instance, he has
90 rifltit tt aonvey it away to others ; and if such
4lhin, biTS h in possession, they may, and must of right
kedi^MMeMd of it. And if any one of those who origi-
nfUy had Dothicg should succeed in obtaining an unequal
pOftioa af |VO|)erty from any of the four, who may have
bad Iha fint poBseesioD of the earth, or from their sncces-
ton, Bflitber has he any better title, than if he had been
oM of Ibfl namber among the first monopolists. For al-
though he may contend, that he h>» tUnatci un weifcj
industry to acquire it, and therefore, baa obtained a jort
title, still it is to he said of him, that the wealth whidi wu
ofiered to his acquisition, and which ttinuikited tbnt tm-
wearied industry, was not bii who offered it ; bat belooged
to others. It would he as imjost to allow weh peraon to
bold title under such circumataoces, as it would ander the
present orderof things, to allow a man to receire or rataia,
as a reward for his industry, attden property, the poMBa-
sions of a pirate, and what not, the i^nr of which ]\fti ab-
molated hitu also to a high degree ot itctirity. But in
addition to this original unequal appropriation ofproper^,
its transmisnon to posterity baa alim erar been tinequl,

539

tod tliis doubly anmhilmtea all title to property as now
bald among mankind.*

Nor let thifl rich posaeasor complain, that under the
hope and receipt of rich rewarda for his labors, lie has
labofed more than sufficient to sustain his own existence ;
aadt therefore, he ought to retain more than his equal
afaare : so alao have the great mass of thoae who are now
and efer hare been poor, labored, at 2e«f , to the same

* As an instanee of the original distribution of the soil
of die State of New-Tork« having been so enormously un-
just and unequal in principle as my diagram, and its accom-
panying remarks supposes, I offer, amidst much more of a
similar character which I might offbr, the following extracts
to die consideration of the reader, as they appear in Mrs.
Grant's "Memoirs of an American Lady,'* &c. p. 6.

**After the necessary precaution of erecting a small stock-
" aded fort for security, a church was built in the centre of
**tho intended town, [Albany], which served in dilTerent
" respects as a kind of land-mark. A gentleman of the
** name of Renssellaer was conudered as in a manner lord
" paramount of this city. A pre-eminence which his suc-
'*eeasor still enjoys both with regard to the town and the
" lands adjacent. The original proprietor, having obtained
*' from the High and Mighty States [of Holland] a grant o
*'landsv which, beginning at the church, ettended twelve
**mik$ in every direetiont forming a manor of twenty-four
'^Ihiteh miles in length, the same in breadth, including
** lands mot only of the very best quality of any in t'le pro-
*' Tini^e, hut the most happily situated both for the purpose of
" eommerct and agriculture," A tract equal to more than
three hundred thousand acres, (and more than one hun-
dredth part of the whole State,) to which, if there be any
truth in the principles of this work, the grantee had, and of
course the present possessor has, (even if derivation from
Ida ancestor were good for any thing,) no more of just title
than one man has to the right arm of another .*

340

extent, even without the solace of such reward ; and these,
surely, on the same principle, ought to have more also*
But if both of these positions be true, then would the rich;
those who have never labored at all, be caUed upon to
take less ; nay, to be deprived even of possessions alto-
gether. But would this be right ? Is it fair to charge ill
the evils of the past upon the few ; when the many, if they
had only understood their rights, and bow to have secured
them, could have claimed them at any moment ; and no
one could have resisted with any effect ? The fact is,
both have wandered in errors, the one in supposing their
rights to be greater than they actually were ; and the other
in believing them less. But evils which are done already
cannot be undone. If they could, we could g^o to the
graves of the rich, of past ages, and awake them ; we
could awake also the poor who slumber near them ; and
say to the one, *' the enjoyments, in which during your
*Mife- times you rioted, were afforded to you at the ez-
*'* pense of the toils of these your brethren, who spent their
*« hves in labour for you ; now in return, therefore, per-
* form ye also, for them, an equal amount of toil, and let
•* them enjoy it at your expense Then will justice be re-
*^ established between you." But this is not to be done,
any more than it is that the portion of the evils, of the pre-
vailing system, which afflicts the present generation, is to
be remedied by any other means, than that of making a
full, and equal, and general division. To do otherwise,
would be to commence the new system, by incorporating
with it, a principle of inequality, which in the old has been
the only and fertile source of all the misery and wretched*
ness which now afflict the human race.

Let no one undertake to say, that both rich and poor
have understood their rights ; and that the latter, for pur-
poses which have seemed good to thom ; have abandoned

341

Llieir rjgbt to property, b^ entering into a state of societ;.
Society has ever had its origin in very different principles.
Besides, all men, exiating since government was first in*
stituted, enter society without any consent of their own.
But admitting for b moment, ibat they did so abandon in
the first instance; such abandonment could sfiect only
those who did abandon ; it could not oiFecl others. The
present generation, therefore, have the right, to claim, that
for themselves which is their own, and which no one has
the right to abandon for thetn. Besides, since govern-
ment began, show me the instance where it has offered, to
any of its citizens or subjects, property, either in his own
right, or otherwise, and tekere it has been ryected, and
the point, so far as this instance goes, shall be yielded. —
But such an event never happened. And all that has been
urged in this way, has been calculated and intended, no
doubt, to make the poor rest as quiet and contented as
possible with their miserable condition.

Nor is it to be said, that the various occupations of life are
such that some have more need of their original right of pro-
perty, or rather its artificial substitute, than others. This ia
not true. The engraver, the pin-maker, the physician, and
many others ojfpnrentZjr need il less, Butdo they not requira
bouses to live in ? Are they not surrounded with wants,
which this artificial substitute would enable them to sup-
ply, even if they required no stock, no material, before re-
turns for their Industry and skill can come in ? Beiides, if you
dispossess them of their equal right, you place them in cir-
cumstances of dependence, such that others, who, thereby,
will have, of course, more than Ihey are entitled to, will
exercise over them the means of reducing them to slavey.
So much as it regards occupations and pursuits requirinf
small capital ; and as to those requiting large capitals, these
will be acquired by proper associations. They, iherGfoje,

others, and all. arc entitled to receive wbat
ihem, without any abatement orevasioa nttatever.

Another method ol' arcompUshing the adoption of At
new Syttem in part, will be to propose exceptions; ifld
one the most likel; to be proposed, is that of exemptiiv
Churches and Church property irom the Great Pubfic
SaJe. Bui let ii be remembered that the vast amount of
properly which these inslitutioos possess, has been di&m
from the same iniquitous system which has robbed iDau of
Iiis rights for ever ; ihal without such system, a few ia^
Viduals could nut, as they have done, have built gorgeaas
temples, at ao exi'ense of two or three bundred thousand
dollars, and added lliereto, further, and immense poases-
aioDs. By the same rule that olhers may be deprived of
that which never justly belonged to them, ma; thaas
be compelled also to give up that which is not their OWB,
into the hands of those to whom it belongs. " Let, then,
the scythe of equality move over the republic ;" and vrbm
it has done bo — when it has levelled all foolish and &cti>
tioua and oppressive distinctions — then, let all men stand
equal before themselves and their Creator. If, at such &
time, any human being, or beings shall think that their
July to the Being who they believe has made them, re-
quires, al Ihcir hands, the purchase ormagniJicent temples,
in which to ofTcr up to him their devotions, it will be per
feclly competent for them to do so ; and they may buy
accordingly, with the dividend which belongs to them as
their equal portion ; but to suffer them to have such tent*
pies, al Ike expense of others, would not comport with tbe
principles of honesty ; much less of piety ; and is, then-
fore, to be tloerated on no condition whatever, amon^l
people who know what their rights arc ; and who are <)e^
termined to h^ve tbcm, and the wkoleolthem, without any

-949

•batement whatenor, at whatever hazard Uiey m&y require
r bands.

r let the man of true piety be alarmed at this. Let
iKillect that true devotion resides in the heart oTman, in
Se tincere homage which it {lays to the divinity ; and that
'it does not consist in splendid pageantry displayed in mag*
nificent buildings, the work of men's hands ; and that if it
1>e not found in the lives and bosotrn of men, it ia to be
found no wbere^at all. All else is but one gilded scene
(^hypocrisy ; unworthy of public respect ; obnoxious to the
disapprobation of the Divinity ; and certainly unentitled
to retain any property but such as strictly and equally be-
longs to itself and to all.

It may seem that 1 have been unnecessarily severe in my
BUppositioDs, of the extent of that moral depravity which
would, as ell must sec, prevail (o thwart the wishes of the
great mass of the community, if there were any possi-
bility of its exercising itself. But those who are capable
of making any such objection, have only to consider, that
ihe whole property, for example, of this State, real and
personal, on supposition, might be wholly owned by one
man, and that he might have two millions of tenants under
him. If he were allowed to make disposition of it, out of
the Slate ; it is apparent, on the face of such a transaction,
that these two millions of human beings must still continue
to remain without possession of any kind whatever. So,
if there were, taking ihc whole State together, some dozen,
fifty, or five hundred large proprielors, the same princi-
ples of defeat, to all (he designs of the community, would
exist. Perhaps it might not exist, to the same extent,
when there should be many of these large proprietors, as
when that number should be smaller, and possessing, per-
haps, a greater aggregate amount. The evil does not con-
■isl, however, so much in the number of the evil-doers, as

344

it does in the amount of mischief, which even a verjffem ^
ihem may be able to perpetrate. Thus one rich, but guihj .
villain, would be able, under some circumstances, to trans-
fer, out of the power of the State, more than would fidl to
the lot of a thousand, or ten thousand beings, certaioly
much heiter than himself could pretend to be, stained with
such a crime as I have imagined him to be guilty oCl It
would be easy to show, how, among other methods, such
a transfer could take place, in case of the State agreeing
to pay all debts due from o(2r citizens to others ; and as-
suming to itself all the credits belonging to them. False
debts, for false considerations, and to an immense amount,
in all the forms, that law could possibly prescribe, would
not fail to be presented, in such a manner, that the agents
of the State {perhaps themselves cormpied) could not pos-
sibly reject them. These false debts, easily amounting to
millions, without exciting suspicion, especially when we
consider the extensive commercial connections which this
State maintains with other States and nations, would easi-
ly be saddled upon our people ; and they would have no
alternative. Abolish all debts, however ; renounce all
property abroad, except such ships, and their property on
board, as may accidentally be absent ; and then claim all
within our limits, wherever found ; and to whomsoever be-
longing ; unless it belong to alien residents and transient
owners ; impose high penalties for evasion, omission, con-
cealment, or other species of crime whereby a man gains,
or attempts to gain more than his proper share ; just as
now grand larceny, and other similar crimes, are punish-
ed ; and then, and then only, can a just and equal division
be brought about ; or so nearly so, (although some conceal-
ments will take place, such as that of money, &c.,) as to be
productive of all the practical good, which it is to be ex-
pected such a division will produce. Every thing being

846

al home, and every man, woman, and child, having an in*
terest in suppressing every species of unfair dealing ; in
bringing to light all concealments, or attemps at con-
cealment, and punishing the offenders; every counting-
house, having its clerks, apprentices, and agents, equal
in interest with their employer ; every factory ; every
workHshop with its hands; all the laborers, who know
every thing about the property upon which they labor ;
but of no part of which they can now call themselves
the master ; all these, and more, will be so many spies
upon the wealthy and upon each other ; the wealthy
themselves also watching individuals of their own number ;
to insure that every thing shall be forthcoming, and iairly
sold and divided. It is thus, I hope, that the poor will see,
that I have not only shown him his rights, but how he may
get them, in spite of all opposition. If now he does not
obtain them, it will be no one's fault but his own, and that
of his associates ; and this, I am well aware, will not be
chargeable upon them longer than is necessary, for the
common understanding of their rights, and the creation of
a proper concert of action among them.

It is proper to remark still further, in opposition to any
impression that I think unfavorably of the efficacy of moral
feeling among men, to bring about and maintain such an
order of things, as I desire to see established. No man
makes a greater mistake, than when he supposes a vast
majority of mankind are not honest. If they are not so,
what secures to the rich the enjoyment of their property
now ? If a rich man plunder another rich man, who pro*
tects the sufferer ? Who punishes the offender ? If a poor
man do the same, who measures out to him the justice
which the law assigns him ? If the rich, as a body, are now
in the full enjoyment of what they call their property ; to
what are they indebted, if it be not to the hones^ of

r 3<6

Qie poor, as a body ! If the l&tter, aa a bod;, were uM
honest, bonest even to the fault of suffering others to retain
whst does not belong to them, what is there to hinder
them from indulging in (heir dishonestj ? Ts it the law f la
it * little parchment, inscribed with a little ink, as is now
the paper I write on ? Or is it the valor and protveaa oF
the rich ? Is their number sufficient ; ia their strength ade-
quate ; to prevail over the will or the wish of the great mass
of the people ?

On ibe contrary, I build my system on the mora] consti-
tution of man. ir, in the introduction of it, if, m the first in-
stance, it is necessary to use punishment and aeverity ; it ii
to DDClench the hand of avarice, and make it give up id
dishonest possessions. But this feeling, which thus requires
the use of energetic means, is itself an evil, having ita ori^
Botety in the present order of things. Let the new order
ba establisbed ; let the jud^ents of men be convinced,
thai no property Is their own ; that they have only the UH
of it. while they live ; ths't when they cease to live, it be-
longs to others ; and that it is not for tlie past possessor 10
say to whom ; and public opinion will support this system,
as it now does the prsaeot. It will no more controvert
any of its principles or provisiDna. than it does now, those
that exist among at. If, for example, it cum^ to be uQ-
derstood, to be as much of a felony, of a robbery, of a
crime against another, for a father, during his lifetime, to
give away his property to another, to a son or a daughter,
for example, as it is now, to counterfeit coin, or commit
highway robbery ; will such father be likely to make such
gift ? Will the son or the daughter be likely to receive it 1
If the one is about lo descend into the grave, will be dars
to leave, at his exit Irom the world, a tarnished memory
bebiod bim 1 WiU his children dare not wily to nHlin
their father's reputation, but to live in tfa« infimy of Ami

owa ? On tlie contrary; will they not be anxious to avoid
any &nd every suspictoa of haviog liad agency in aoy,
BDCh traosBClioD ? Besides, in what particular would the
receiver profit ? To bestow it on hia or her children, the
same oSence must be committed B^in ; and that by tffO
parties; and both under the same perilous circumstances.
It does not avail to say that a thousand opportunities would
exist, whereby it could be done, without detection. So do
daily, and hourly, now, opportunities exist where men, in
a thousand ways, may commit ofieoces against our present
laws, and yet it is not done. The truth is, that system is
a good one which is built on the supposition that men are
bonest ; and that is a false one, which supposes them to
tra otherwise. It is moral rectitude which prevents the
commission of crimes now, and it would be the same mo-
ral rectitude, under much better circumstances, however,
which would prevent the giving property away, under the
new system ; inasmuch as it would be seen to be a robbery
9[ the next S'-m ration

Besides, in the new order of things, both father and son
would be equal. Neither would be in need. And every
one knows, that gifts do not prevail between equals ; not
even between parents and children. There is no motive
' fivit. If it ever happen tliat they are offered, il is seen im-
lAsdiately, that they create resentment. They are received
SB iosulis, or OS foolish ufiere of unavailing kindness. For
the parly to whom they may be offered, instantly feels him-
self treated as a menial, or a dependent. In this case, hc-
mdcs bemg degrading, it would be criminal ; it would sub-
ject to lost of rifViiaiion, and ia jtaniiftmcni. If, ihere-
(bre, il has been necessary, in my estimation to provide
punishment for a crime so little likely to be comitted, it
ia because it is rendered necessary, in the first introduction
of the system, in consequence of the rices already engen-

' t^ tyiiii iii i gi' ii i B i or iMbgi^ iiiMi i tf^ if lip: :

«»iwwwntii1ly proT^ to UiTCinittlBMl^lW*iei|Ml
«r «vtdb« tfas kin. wodM infajtet Ae^VtfMtM^iMipl^.
to tbs ndUn ftnd pmUtniMt iM>vHitfM|^^«>''«lillr<.
Itumiic. by Bttvr. or ddiMlMi, wAdd taftha^jllWi
4bm itiHuOBit )>■ dnd'« gM frodi tto lMJlv1«MlJ*4i»
ner ; and to this pistAoi, tiia Omni feaBof ' Mlidt «MI
pervade the commuBi^i Wt^d pntta flatin<tlop^^''^Mwfe
this, in any manner, to b« dovtltad, lhflBlift% to t»1ll|K
posed that the citizMU, in lteile*<[»d«rar thiHiJi('iMi||
be indifTerent to their eUtdna'tiid gindefeBdnn,tiUf^Ah~
prived of 3. portion of tbrit {MtrimSfaf. Ida eaailMgi Wft ^
»ge of maturity. And ^*8b Oato, dtrittg At^fmi^yiii 1
lority, would not fti] to oqwn' iJIdKaMi-lifltttJIiMjl
their knowMge ; iba HilrtiBil^MrfjjiM
vtnting tto pneiiee,'if a nnae of nonl nditoio Ad'flH,4f j
itMlf, prove adequate to the object. '

Ab to iDBurance, (by private incorporatioiit,) I Ima
not thought it strictly cDnaistent ' with the dnign of tUl
Work, to give my ideaa in relation to it. There ii do doabt.
that it bears, in some degree, the character of gaming.
And it is an important question to decide, whether it ovj^
not to be excluded altogether, from the proposed new mo-
dification of Society. In thia event, however, the BtaU
Government itself would find it necessary to become d«
insurer, in all matters in which it is proper to insure at alL
I incline to think that it would be the best syatap tfail
conid be adopted ; and that for a multitude of rean«i
which cannot fail to suggest themaelves to the reader, and
which I need not trouble him to mention.

age

349

The reader Jias seeni that the fund which enables each
inclmdtnd to bid ibr his share or proportion of the property
of the State, is iv the form of credit. It will not be possible
to do it with money, as, for such a purpose as that of sel-
Hog the entire property of a whole community, at one time,
thero is not money enough, perhaps, in the whole world.
I have no accurate means of ascertaining what amount of
gold and alver, for this only is money, and can be receiv-
ed as such, there may be in this State.

As it regards the United States, it appears that, since
the year 1793, when our mint was first established, up to
the end of the year 1828, there have been coined, a trifle
less than 30^ millions of dollars, in coins of every descrip-
tion. If we suppose, anterior to the first mentioned peri-
od, that we might have had. already among us, 5^ miUiona
more; and if we further suppose, that we have held our
own ; neither added to, nor diminished this amount, it
would appear that we now have, in the nation, the sum of
thirtynsix miDions of dollars. Taking now our numbers at
twelve millions, we discover, that there would be only
three doUara to each man, woman, and child, in the Uni-
ted States^! If sthis be any thing like correct, how ridicu-
lous will appear those boastings of the importance of Bask-
ing Institutions, which we so often have sounded in our
ears, especially on the subject of the srfe'keeping of mo-
ney* When all men shall have their equal rights to pro-
perty accorded to them, how childish will it not seem, to
talk of the importance of such a service ; even if a ikmily,
say of five persons, were to have even five hundred dollars,
instead of fifteen or twenty ? If Banks have derived any
consequence from this kind of service, rendered to the com-
munity, it has been because one only in a million, as it
were, has possessed money ; and he has felt that he needed
some such place of safe-keeping for his ill-gotten treasure;

30 '

340 '

Let the people but have their rights, aa it legards piopet'
ty, and the; will keep their gold aud silver, as nell aaolhei
property, si^e enough, without any aid to be derived Urea
Banking Institutiooa of any kind whalever. If, haw«Ter,
any of them ahall be troubled with more than they will
have any disposition to A%ep aafe, ihey can even do with it
as a man is obliged to do now, who haa cotton, or tobacco,
which he does not wish to keep htmself; they can pay
another for keeping it, in his warehotiee, and not tax the
community with the charge, aa is now the fact, with res-
pect to money, in the shape of chartered privileges.

But, inasmuch as the coins of other countries circulate |
here, by the command of our laws, as well as our own
coin, a circmnstance I believe, which happens with few I
other countries, especially, if they be of any great import- I
ance in the scale of nations, it may be that this estimate is
too low. About the period of the occurrence of the French I
Revolution, when the population of France amounted (o
Umitf4oiit miiliiMw, M. Neoksr* m^oKt^ioied Ijtqn.aw
akova fcnr bdndted imlfiwH of doSaiii in goU ud wiim,.
in that country, in constaiit circulatioi]. Thia would nuke
about aaenteai dollars, for every man, woman, aitd chiU
in Fiance. In England, at the same period, the qaantity
for each such person did not exceed /he dollars. Tbii
diSeroicei is in part to be accounted for, (com the bet,
that, in France, there was no pq>er money ; and that in
England the quantity was. aa it continues to be, eoor-
inoUB.

If. tberafbre, I were to make the quantity tA gold and
silver, which, pro rata, belongs to every man, woman and
and child, in America, equal to what it is, in Francs, it

* See Adfiiuistr^tioB of the Finances of France, Vol. DIJ
. D? Ut Neckar,

351

would still be very inconsiderable, when compared with
the entire valuation of al! the property of the State. The
Credit fund, therefore, was indispensable, as furnishing
the only means of transferring the whole property, at a
time to new-owners ; at prices the same as would be com-
manded for it, if it were sold in any long course of succes-
sive negociations.

It is not possible for any one, much less for myself, to
oBer any thing more than a mere conjecture of the pro-
bable value of the State. So much of property has been
exempted from taxation, to satisfy the cupidity of various
orders of our people, at the expense of the rest ;* so much
of personal property which is liable to assessment for the
porpoise of taxation, escapes the knowledge of the assessor ;
80 much of what is assessed ; is assessed only at a nominal
value ; so much of it is held by the State, such as our
Salt-Springs, and public lands ; of the latter nearly one
million of acres ; and so different would be the circum-
stances, under which all this property would be put up, to
sale, if ever it be done, that I should not at all be sur-
prised, if the result of such sale, should make the aggre-
gate value of five times the amount, at which any actual

* Witness the exemption from taxation, of Church pro-
perty, altogether ; and the property of priests, qo for as it
does not exceed fifteen hundred dollars. Who does not see*
in this opprossive privilege, the apostles and followers as
^ey affect to call themselves, of a holy religion, with one
hand ofbring np devotions of piety to the Croator; and with
the other plondering the pockets of their neighbors, of
money, with which lo pay the taxes on their property ; since
by availing themselves of, if they have not sought, the exemp-
tion, they impose the burthen of taxation wholly upon the
remainder of the community which ought to be borne equal-*
If by all, by themselves as well as by others?

iHdMBBl. waia ea^img vxaaasiiaa^, !«■ ever mt^ I
i. For it ii lo be naihOKi ; tint eroy tkaig wonU b
mU St « prioe: btle or DOthiBg IcaB ihu tbe Ubor wmH
be Horth, to soppi; the pbee of thu which is wuMd, bMt
wbeb if it be not purehned. saat be sude. nga it
pnMaal |>openj. ite priBrifk wcnU ptonil, ihramb-
4Ml; HidMBbo, IB resl,ao far as recvds all ibe btbw '
that 1ms hccB boiowed gpoo it lo raake it wfau k k.

CofTCvpanAiie with tlieae jiImi. ^ t tm ^Mtnu i tMoU
iult« tbo vbole prapcr^ of tin Slue, to b« woitk, HM
ibouHDd or tvea^-fire liimA«d niDiaiw orf'daUais, ftt
tiog lb* whole populatiaa u nreiai&gn, a it ■ Jik^ ta'
be, in l830,aaddiTidine tbiiMn aqiaBf amaae ^m» tH,
it wmild UBoool to a ibooswid or twohe bundral and £0;
dallui etch. Ibr man, wonan utd dnkt. But u mme m
to ban any thii^, who have not armed at ibe «ge of ii»
tnritf, wtiaterer itiat aball be, tins uaomu wiU be wtra
Umd doabted. Tbos — the age of cixteen and a failT ■
aboul the diriding tine. I meio bj this thai ttieie an as
many uader this age, as there are over ; aad as inaajr o«a^
asunder. IftbcD tbia ag« were seleGied as thatorini-
lurity ; the punion which each person ot mattire age
would receive, would be equal, uoder the estimate I have
made, to aboul, from two thousand to twemj-five baodred
dollars. A man, (hercfore, aod bit wife, would have ftoBi
Ibnr to five thousand dollars. And fay fixing the age of
msturily, at eighteen, as recommended in this Work, in-
stead or sixteen and a half; the amount already assigned
would be still greater yet

I do not particularly concern myself to repel any charge
of extravagance, which may be brought against me od ac-
count of this estimate. 1 do not undertake to knoio any
thing about it. And such I presume is the situation in
kvhich any one will find himself who undertakes to at-

353

nign its correctness. It is sufficient for me^ that I have
shewDy that there is a probability that some such large
anxmnt, will be forth-coming to each individual whenever
•neh sale and division is made, as this Work propose^.
And iiieh sale, and Division, in addition to the other good
eSbots which it will produce, will also determine, how far
I am wrong, and how ftir those who controvert me are
right ; for this will be the only way of arriving at the
troth. Besides, it is not a fact, that the patrimony is use-
ful on account of the number of dollars which may be
made use of, to compare its value, with other things, or
with other patrimonies ; but heeaiue the sjfstem which be*
Hewi U, makes aU eqvdl; because it banishes, in the com-
mon acceptation of the words, both Wealth and Want ;
destroying both the oppressor and the oppressed ; the vic-
tor and the victim, by preventing accumulation of power
in one ; and destitution, weakness or poverty in another.
And this good effect, would be equally as well accom-
plished, if the property, placed into each man's possession,
ware known by a valuation to which we give the idea of
five hundred dollars, as if it were fifty thousand dollars.
For names do not change the nature of transactions, or
iactSy whatever they may be.

It is apparent, therefore, without even a moment's re-
flection, tiiat either threes Jhe, or seventeen dollars each ;
evan if we could suppose, they would all be forth-coming ;
would be of no avail, towards the purchase of a patrimony
for any one. It is of necessity, therefore, that each one
must bid ; and as he cannot be expected to have the means
of payment for any bid over his amount, he is to be re-
strained from bidding beyond a certain excess : he must
be restraiaed also fh>m bidding below a certain deficiency^
In the case of the excess, if it be for fast property ; the
State may hold a lien on it, for a reasonable time> until

~354"

tonal

raneemBni,

liiB induBtry of the owner can have oppOTtuniiy to
it. And if it be personal, security, by way of lien i
property of others, or some other adequate arraogemeni,
may be adopted to secure its delivery to the purchaser,
and paymeot to the State. I need not trouble the resder
witb details, which he will aa nell know how to supply «
any one else.

As each one must bid, he will naturally bid for that,
which will beat suit hia purpose iu future life. Nor will
any one be able to buy much of such particuiar personal
proporty, aa would afterwards soil readily ; and be con-
verted intg money for the use of the spendthrift. JUi
will have use ; and that, too, for an equal portion of those
artidos which enter into immediate and general consump-
lioD ; such aa clothing, food, and luxuries. There will,
therefore, be no opportunity of engrossing these articles,
which would be particularly saleable and convertible into
oaeh ; and if there be even semelhing of the kind, there
will be a small field for the exercise of such a propensity,
aince all, or nearly all, will be supplied with what they
have any presant means ofpaying for. Ifthey are to pur-
chase more, they must set themsolvea to work before they
can pay ; and in Ibe mean time, he whomight have to sell,
must work, too, or perish ; and he would, therefore, have
a much narrower opportunity of playing the prodigal, t&an
JiaJiasoow.

" This will be, to empty oar war«hoitsea and tto fefc a m -
"j^,'' says one, " and will you do without merofauita^
Notan hour, I auawer. " With what will they .fill tkar
" wtrehouaes, Again, since'they will have little moiwy t" I
aotwer agva, witbhoneity,withgoodchBiMtei, withafcili
ia and knowledge of business ; in one word, xrtth r^n-
tation .lor integrity, as chiefly they do now. It will be
vfil» at ipiponible, then, to tjo without DSichnt*, as it is

555

now. Tlid cultivators of the soil cannot sell their produce)
exoept in gross ; and the artisan and manufacturer will
still continue, as he does now, to find his interest in em*
.ploying a salesman, (probably altogether as a commission
merchant,) rather than in being the salesman himself.
Whoever, in the new state of things, should fancy that the
merchant was the owner of all he had in possession, would
deceive himself; but he would deceive himself very little
more than he would to fancy the same thing now. The
world would be altered in one thing only ; the owners of
it would be diffiarent in number and relative worth ; but
this would be all ; 'except the immense diffisrence that
would soon make itself visible in individual and general
prosperity.

ciiAPTER vm. X

Conduiion.

If a man were to ask me, to what I would compare the
unequal distribuUon of property which prevails in the world^
and has ever prevailed, I would say, thadt reminds me of
a large party of gentlemen, who should have a common
right to dine at one and the same public table ; a part of
whom should arrive first, sit down and eat what they chose ;
and then, because the remaining part came later to dinner,
should undertake to monopolize the whole ; and deprive
them of the opportunity of satisfying their hunger, but up-
on terms such as those who had feasted, should be pleased
to prescribe.

Such, now, is the actual condition of the whole human
race. Those who have gone before us, have been the first to

oit down to the fable, snd to enjoy tbeme^lres, witbootitt-
Unuption, &oin those who came afterwards ; andnotcoo-
tent ffitfa this enjoy meol, tbey have disposed of the whole
dinner, in such a manaer, that nine-tenths of the htan^
tbkt now people this globe, have not therewith to dine, but
upon terms such as these first monopotisere, or those to whom
they pretend they have conferred their own power as succes-
sors, shall choose to dictate. It is, as if, af^er dining till
they '.fere satisfied, a general scramble ensued, for what
remained on the table ; and those who succeeded in filling
their pockets and other receptacles, with provisions, should
have something to give to their children ; but those who
should have the misrorluoe to get none, or having got il,
should lose it again, through fraud, calamity, oi force,
^oul'l have none for theirs, to the latest generation.

Such is the ojiaci resemblance of the present order of
things. Ye proud and rich possessors of the earth, look
ftl this, and see if it be not so ; and being so, and seeing
- that it is in yoor power to consent-to a more hanordtle
method of obtaining title to possession ; say, if ye will
not do so ? I do not ask you, because it is in your power
to confer any favor by giving such consent ; fijr, this com-
munity, and every other, wbenevsr tbey shall onderstaiid
tbeir rights, will have power enough in theii own hands (o
do what they sball think fit, ttitbout seeking for anyseqUi-
sitinn from you ; but because it~will be more agreeable
to your own true happiness, to give such con^nt freely ;
than, with the ill, but unavailing grace of relactance?
Three hundred thousand freemen, in this State, hold votes
in their bands, which no power th^ you can command can
take out ; and of these freemen, more than two^hundred
and filVy tboiiaand are men whom a preceding geMratioB,
together with- yourselves and their own ignorance of their
rights have conspired to place in situatioDB stioh that lli«y

367

bave no propprty in the Sttte of which they are citizens ;
althottgh their tide to such \propefty ia as good as that of
any man that breathes

The first possession of this State, by the ancestors of
its present inhabitants, was acquired by means, partaking
of the nature of fraud, cunning, purchase and conquest,
the latter predominating; acting upon ignorance, bxA
want pf the power of resistance. So far is this emphati-
cally true that in 1609, on Hudson's return from the place
where Albany now is, whither he went, in the very first
▼oyage which led to the discovery of the river which bears
his name, <^ a considerable number of Indians had assem-
^« sembled at the head of the island, [Manhattan, on which
« this city now stands,] and as he approached, assailed
** him with a volley of arrows from their canoes. By a
*^ few ^iisr>.harges of cannon, and muskets, which killed
** several of the savages, the attack was repulsed, and the
** assailants put to flight." So that fitim this historical
circumstance, in the absence of other histoid which I need
not refer to, it is evident that some previous aggression
had provoked this attack.

But it is not necessary now to say more, in objection to
titles obtained, by possession, by conquest, or by any other
•maginary species of acquisition. It. has bevn shown al-
i«ady, throughout these pages, I trust to the satisfiiction of
the reader, that tide to property exists for all ; and for all
alike ; not because others have been ; nor because they
have not b^en ; not because they had a certain being for 'a
parent, rather^ than another being ; not because they ap-
pear later, or earlier, on the stage of life, than others ; not
because of purchase, of conquest, of preoccupancy, or what
not ; but BECAUSE THEY ARE : BECAUSE THEY
BXIST. I AM; THEREFOBJ: IS PROPERTY
MI N£ ; as much so as iffiVman's, and that without asking

tic

358 I

1 To

any mtn*8 pcrm'iaBion ; without payingaiif maD price ; ?itb- 1 *

out knowing or caring farther than as my eqnal right eiteati \

whether any other human being eu«t»» or not. Such iite I ^^^

language of nature ; such ia the language of right; aodiuek ! ^^^

are the principlea which will juatiiy any people in pnlbt I ^*^^^

down any government ; which denies, eren to a sbi^'it I ^^

dividual of the human race, hia poaaenon. hia real tanp 1 ^^

ble poasesaion, of thia unalienaUe right of nature; orib I ^^

unqueationabk equivalent. How much more Bo,tfaettjB it th I ^^^

duty of any such people, to destroy their own goremmfinl ! ^^

whenfliofe<Aimntfie-teiiM««itmaybe, are deprived of r^gUs I ^

which the Creator gave them, when he gave them exvt^ice!

Before I Approach the termination of this woA, it ma;

not be amiss, that we ask ourselves, how haa it hsppened,

that wealth, or in other words, posseanon, haa succeeded

in making itself so unequal in the world aa it appears ; and

appears, almost without exception, ever to have been ? Im*

mediately tKiere are hundreds, who are ready to ay oat,

'* It is conquest that has done it." And having so said)

they seem to say, by the acquiescent maraier in which it is

spoken, that having been brought about by conquest, it is,

therefore, impossible to undo what conquest has done. \

Conquerors, undoubtedly, have their rights, as well as ^^
other men. But, these rights they have, as tnen^ and not V
as conquerors. Often, no doubt, with the sword, they
have won what truly belonged to them of right ; but, then,
it was not the sword that conferred the right ; it only gave
possession of it. The right existed before the sword was
made to belong to him who wielded it. It came into ex-
istence with his own being, and departed only with it. But \ ^
its posiessiont its enjoymoA^ often may depart without it, i '
as has happened, I might say, almost for ever. 1 ^

But how came conquest ? How came men to be willing i 1
to hire themselves out to those whcmi we call chieftaios ? I ^

be
ur

S59

To be pierced with spnn and arrows ? To be penetrate J
with sword and baD for price ? How came man to set him-
self ap» as a mark to be shot at, for sixpence a-day ? We
need not go to remote ages to find an answer to this ques-
tion* Ask only at our Forts ; enquire only of our Navy,
and they will tell you. They will say, that if society had
|ifen them all a competence^ (or rather the means of acquir-,
\ng it,) such as all men might have, under proper circum«
I, they would not have consented to be where they
And this would be true of all nations. Let the men
DfaD nations be made equal among themselves, in point of
property, and then will wars be immediately self-extinguish-
ed ton ever. Keep up this unnatural inequality in wealth,
nAich now exists, and they will exist as long as two na-
tions AmSL be found in existence. Nay, more, they will
ezwt even yet longer ; for when only a single nation shall
be fiiund, civil wars will not fail to appear, as they do now,
and firom the same causes.

It appears, then, that conquerors grow out of a state of
oneqaal possession of property, ; and without such an une-
qual possession, they would never have existed. It ap*
pears, also, that by destroying this inequality every where,
conquerors and warriors would be destroyed also. The
question, then, again comes up ; how came this inequali-
ty to exist ? How had it beginning ? For we can all easily
imderstand how it would continue unequal, and the ine-
quality increase in magnitude, after it has once had a be-
ginning. For it is even proverbial that " money makes
money ;" whereas, the true proverb should be, that man
makes money. It is qmte as ridiculous to say, that " mo-
ney makes money," as it would be to say that one planta-
tion makes another. Between the owners of these two
plantations, there may be certain relations, by which the
one owner comes to be possessed of both , but still it is

I
a

i
i
I

360

an absurdity of the grotiest kind, to say tbat <me plantation
ought to have, that ii, makes, or earns another. HowefVt
as the world now is, *' money makes money.'* And n
true is it, that if a httle globe of gold, as large as that of
the head of a large brass pin, say the one-sixteenth of m
inch in diameter, were let oat on compound interest, at 5
per cent a year, in a little more than 1300 years it would
amount to another solid globe of gold* greater than this
whole earth ! Interest, therefore, is like a magnet, which I |
daily gains more and more power, as you append men i
weight to it ; and that withoat doing any thing to acquire
or increase this power. But, to recur again to our ques-
tion : How, did inequality begin ?

To ascertain, we must go to those countries, in whose
first settlement conquest had no agency ; and when we I \
have arrived there, we must ascend to the earliest age of
the people who inhabit it. What shall we find there !
No history can tell us any thing ; for at such periods of
time, men were not able, and if they were able, had no mo-
tive to write one. We are, therefore, lefl to follow nature
by analogy ; and from the little we do know, to infer what
we do not know.

At that early age, we may understand a great extent of
country before us. Wc may understand, also, that there
were very few people-. We may consider them ignorant
and helpless. Their resources of subsistence would be the
fruits and roots of trees ; animals and fish ; and their cloth-
ing, as far asHhey might have any, would be, perhaps, the
skins of the beasts they had killed for food. Habitation
they would have none ; or if any, it would be for rest, a
cave, or a hollow tree, or the recess of some super-impend-
ing rock. If, in process of time, they should learn, as they
would, that the animals on which they subsist, might be /
rendered docile and tractable, it would lead them to disco- ^

J
J <

301

tet that those which they now take in the chase, with
ipreat labor and tliflicuhy, and frequently at great in-
lerrals of time, producing great distress from hunger;
night be bred iip in a domestic way ; and they would
Ldopt tha practice. This change would lead them
rom the state of hunters, to that of shepherds. At
irst» these would locate themselves no where. They would
amble about for food : and as there is supposed to be a
preat superabundance of territory, and but few people,
here would be no objection, Secause there wonld be no
Kjilfision of interest ; and, therefore, there would arise
\o investigation of rights. For rights are never in vestigated,>
whenever all have more than they know what to do with.
i is only when privation begins to bear hard, and oppres-
o manifest itself, that inquiry into rights begins to take
>lace.

But if they did not, at this stage of their existence, in-
quire into the rights of this shepherd, to this temporary lo-
ilttion ; and of that, to another ; because there was no
leed of it ; so also did they noi inquire^ (as men, now, do
lot inquire into their rights.) why one should have a larger
lock than another ; or why one shepherd dying, a certain
)erson, or persons, rather than any other person, or per-
sons, should become the owner of it. All had enough for
;heir own simple wants, and this was. sufficient to render
nquiry unnecessary. If, indeed, auy inquiry could have
irisen, at that early period, it is not to be doubted, that the
principle of equal rights would have prevailed ; and this, if
necessary, would have proceeded to the greatest extent pos-^
iible. Thus, not only would it have been forbidden to any
one to monopolize one location rather than another ; a
larger flock rather than a smaller ; but the right, in prefer-
ence to another, to sleep even in a hollow tree, would
have been contested, and contested withthesame zeal and

362

tnimOBity, &b tbil with which armies MW contend f<
mcqnintion or preservation of empire.

In progress of time it was discovered, that these i
could be raised with less labor and risk, if cadCmtfios
added to their ttore of resources. But this required a f
nsallocation. It called upon the shepherd to fix upon
{dace. In this there would be no difficulty. For inas
as territory u very abundant* and population thin, th
tOomenougb,and more than enough, fix alL Whys
they diffisr ? Differ they did not ; and not differing, i
qoiry was made, why this location should belong ti
rather than to another. Had any such investig
arisen,as a matter of course, the affiur most have
settled by convention. Agreement must have assi
this to this ; and that to the other ; and no
could have said, such and such are mine, to your e
aion. Battle would have been the consequence of si
declaration, and the right of the strongest would have
vailed ; but it is not to be known here, whether it v
hav^ been the right of justice. Yet, during this na
progress of thinsra, experience has not taught them ;
do not perceive, the future tenacity with which p<
yion, now simply not objected tOy will be retained, oi
principle, as it will be called, of right in the holder, b]
lue of this same possession.

During all this time, population increases ; but inen
slowly. Deaths happen. Parents more or less keep
children around them. When the former die, as th(
little wealth any where, little or no inquiry is started,
whose are the flocks that the father possessed ?* Pi
bly none at all. Land is abundant every where ; an
have opportunity to have flocks, of their own, and to <
vate, little as they may do, fields of their own. The c
ren are, therefore, left in possession.

^63

Nor» if two shepherds imiiiediately adjacent to each
other, should die, at the same time, one having, it may be>
five children, and the other only one ; would inquiry arlste
why the one child should have the flocks of the one father,
and the five children have only the flocks of the other fit-
ther ? In general among all such nations, and I be-
lieve, always, hospitality prevails, to a great extent^ and if
need should arise, for the numerous family to receive of the
flocks of the richer son, hospitality would aflord it. Be-
sides, land still greatly abounding, new locations would be
taken, new flocks reared, and new fields cultivated ; with-
out any investigation of their actual origmal rights.

I said, fields would be cultivated ; but the tillage they
would undergo, would hardly deserve the name of cultiva-
tion. Every thing would be extremely rude. Nor, in
most cases, would those fields have any fences. The loca-
tions would be wUhout lines or Htrnts, There would be
no boundaries, for the simple reason, that there is yet more
of soil than any of them want. If fence be made at all, at
this period, it is such, perhaps, as that which may be suffi-
cient to inclose their fiocks, and keep them from straying,
whUe their owner sleeps.

The handicrafl arts would begin to make some progress.
Accidental circumstances would give some much more
taste and skill, in their prosecution, th£h others could ac-
quire. This superior taste and skill would be turned to
account, to supply the wants of their possessor. He would
look less to land, and the ordinary resources, than others
are obliged to do. He would soon become indifierent,
more or less, to the possession of the soil. By imitation,
too, his children and associates would, more or less, adept
bis mode of life, and acquire similar facility in the same
pursuits. If they did not, they still could get land as much
fts they might want.

S64

In tUs way, aocietj ad? ancei in numbers. The arts aba
advance in number, perfection, and the population eDft*
ged in thorn ; and itill there ia land enough for all, ui I
more. But they find it in their common interest to dinle.
almostiMrithout knowing that they have done so, their oe-
eupations. Stil] the principle prevails, and gains strengfli,
that whoever is near the dying roan, at and about the ht-
ter port of his life, succeeds to his possessions. Nor is
there yet any great harm in it : for there would be veij
little alteration produced for the common benefit, if the at-
tendants upon the dyinf? man, (being generally his cfaiU-
rcnO should abandon his location, and tako another. For
as >• t t icr* ■ • more land than any and all want

The children of those, too, who pursue handienll
trades, succeed to the possession of their father's efiects;
becau!«e the prim'iple is seen to be similar ; and because it
is perceived, that they will better understand the use of
theiii ; and can better employ them in the satbfiiction of
the wants of others.

In the course of time, however, land is taken up so macb,
that tli( re begins to arise some inquiry as to the extent <i
rights ; none, however, as it regards the rights themselves.
Long established custom having sanctioned the latest, as
well as the earliest locations, it does not occur to them, to
go back to periods of times anterior to their first fization.
All they conceive they have to do, is to assign UmUi or
boundaries to such locations, as they now find them ; and
this, of course, is done, by what may be called the public
authority. They lose sight of that original question, which
iiiey would have had to discuss, if, instead of coming
through this long and tedious process, it may be, of some
thousand years, to their present condition, in point of num-
bers, and knowledge ; they had just arrived, for the first j
time, to the possession of the territory they now occtipy

365

In the latter erent, they would have to enquire, why this
locatioDy rather than another, should belong to this man ;
or why another should belong to a second instead of a third;
and why also a son or a brother, rather than any other
person, should have it, or either, ^Aer the assigned owner
bas left it All these are questions, how, which ihe^ do
nai discuss; and for the simple reason, there is do subject
requiring their interposition, but that o^hoimdanes or limr
iUf to each mau'^s possessions. As yet there is land ,there
is property Enough for all ; and therefore, again, they do
not enquire about their rights.

At the same time, too, that limits are assigned to these
locations, they are made transmissible, like ordinary per-
sonal property ; and probably now, or before this time, mo-
ney is invented. v

Here a great change takes place. Population conti-
nues to increase ; and now they can find no more unset-
tled land. Or if they can, they must go farther for it, than
they are disposed, or are able to afford the means necessa-
ry* Sooner than do this, they prefer to enter into a treaty
with him or those who have, and may spare. For the first
time, the land-holder begins to feel that he has power.
He tastes the advantage of it ; and his thirst increases for
more. Here, then, has avarice begun. Nor could it be*
gin, until some human being was found, out of whose dif*
tress, arising in consequence of his wanting possessions^
such as his fellows enjoy ^ the sweets of another's laboTi
were to be extracted. ^

Necessity arising from a deprivation of their natural and
ariginal right to property, compels many to make a treaty*
whereby they surrender a portion ; a small portioui at first,
it is true, of their labor. Numbers continue to increase*
but the land itself does not increase. Greater and greater
exactions are made, tiU, at last, they become so great Hask

31*

more cannot be gmn ; fer more b not in being to be gir«
on. Still population inereaaee yet more ; and meoi needy
and wretched; Anding that thejr cannot obtain the meau of
supporting Ufe, but by engaging in the interest of eooH
large possessor, who has cause.of quarrel with another, k
cmumtM ; and thus do we see the origin of the soldiei>
And so does this state of things continue to increase, in is-
flicting misery and wretchedness upon the race* till it
arrives at the condition in which we now see mankind srf
fering.

In all the principles of the rights of property which ai€
thus seen to have been almost iusensibly adopted, tkert u
noi one t^ck has been adopud on any eonmlfraltofi, eof-
red sr oiherwiee^ efite own meriu. Usage has done eve-
ry thing. Custom, practice, habit, has made all the law ;
and made it at times, and under ciroumstances, in which
it was of no consequence to the generation tkem beings whe-
ther the p rinciplee invohed in the custom, were good is
themselves, or not ; whether they .would be productive of
immense injury or not, when they should come to have a
dense population to act upon ; whether they were consist-
ent with the rigid rights of ther own generation, or not ;
whether they preserved the rights of posterity, or sacrificed
them with a most unsparing hand. To them, it was all
the same, whether they had good principles, or bad, or
none at ail. And the latter was the fact. For it is not
to be said that any principle prevails, where no investigS'
tion is had, or the effects which the practice, whatever it
may be, will produce, when carried out to the fullest
extent.

Thus, in detail, do we see, how the present state of
things has had its origin. In the origin of the soldier, the
material of conquest, do we see also, the origin of ere*
ry other miserable and dependent human being. And when

367

conquest hat once ereated for itself an esiatenee ; how
firightfiilly rapid does it IranafiMr into its own keqnng^ as
it were, the whole property of the globe. Look at the
early history of thia country, and seeliow vast are the pos-
•essions that owe their origin, more or less, to this source*
liook, also, at South America. Is there any legitimacy of
title in all this ? And now, that suffrage, and the printing
press, have come to the redemption of man's rights ; shall
not man undo the wrongs of the sword ? Shall he not cor-
rect those errors that gave the sword its existence and its
power ? Shall not man, now, even at this late date, when
myriads of millions have gone to their graves, without ever
having once enjoyed their rights ; shall not man, now, rise
in the majesty of his strength, and claim that which as much
belongs to him, as does his life and liberty ?

Let it not be said, that man is y^ unfit to enjoy these
rights. Who, or what is it, that has made him so ? Is it
not the very evil of which I am speaking, if it he on^ tkbug ?
And is it to be said that man is to be made fit, by keeping
him under the operation of the same cause that has made
him otherwise ? Besides, why should it be said, that man's
right to property, in the light in whiefa I present it, bis real
and true right, is more to be kept from his possession and
enjoyment, than a right in the same- person even, to pro-
perty coming to him in the ordinary way ? No man, now,
undertakes to say, that an heir at law, as now the law is
among us, shall not come into possession of a legacy,
because people, whoever they may be, choose to ^y he is
unfit to. receive it. Even if he be truly unfit, he neverthe*
less receives it, by w&y of guardian or trustee. Why then is
it to be«aid, that men ^nerally shall not hate their rights,
in the acceptation in which I understand them, if they shall
be of opinion, that this accqnation is correct, on eimUar
terms ? Ads tfiesi, when tiiey shall have made tq> their

S<8

mintla, wtial tlicir rights are, if the; st« to be kept ool oF
their posaesaion, by any auch frivolous pretexts ?

But not to (real these frivolous prelexta either with i
levity or a Hoverily unbecoming out subject, it would be
easy, 1 think, to show, in any age, and parlicularly the pre-
sent, that the poor and the middling clusaes, thoso whose
condition would be benefitted by the adoption of Iho ays-
tetn iccominendcd in this work, are nov< possessed of higher
intellectual, and better raoral acquirements and habits,
than belong to those whom wccall rich. And the proof ia,
as it regards the coniparison of knowledge, both theoretical
and practical, between the (wo parties, that if, thiaday,
their oppoTtunilies of diaplaying it, were made equal, by
making property equal, those who now fill the lower
ranks in life, would live belter and happier, on the same
amount of exertion, than those who fill llie higher. This,
then. I take it, ia evidence of the fact. For if knowledge
be not that which enables us thus to live better and happier,
[ have yet to learn in what it conaiste. Any knowledge
of a character diflerent from thia, 1 apprefaerid. is not worth
having, and deservca to be ronsidered as either worthless
or hostile to human happiness. He, therefore, is surely no
friend to the race, who, on any such unfounded pretence,
as that of unfitness, want of knowledge, &.c. &.c. objects
to the immediaie enjoyment, by the numerous claaa of
whom 1 am apeaking, of their right of property, as well aa
oforery uilier right. Andsd to tJt« qoestioB ofooinparB-
tive moraUtg of the two claaaea, every one knows tint tbA
poorer is the most virtuous.

Beaidea, how ridiculously absurd must tbon political
physicians appear, who aball oppose, oi attempt tofottpimt
such eDJoyitimt of their rights by the great man of the
people, until they shall recetre, as tha pbnse is, the benefit
of education. If they be lioowe in their belief that nich

389

education is so ver j indispensable as a previous step to this
enjoxment ; and that the people are not now sufficiently
instniotedy let me ask them how, under present circum-
stances, is it ever posmkk to ^w it? Is-a fanuly, where
both parenta and children are suflforiof daily, in their ani-
mal wants ; where ezcessiTS toil is required to obtain the
little they enjoy ; where the unkind and the unfriendly pas-
sions, generated by such a wretched condition of things,
reign with fell sway ; is such a family in a situation to re*
ceive instruction ? Even if the children attend public in--
stitutions of6ducation,as punctually as may be wi8hed,wherc
is that equality of rank and condition, as well between their
parents as between themselves^ which b so necessary to
banish even f^om among children, those envious remarks
on dress, &c. &c. which now render our public schools in
a measure abortive ? Political dreamers! Reformers, if ye
prefer that I should call you so ! Feed first the hungry ;
clothe first the naked, or ill-clad; provide comfortable
homes for all ; by hewing down colossal estates among
us, and equalizing all property ; take care that the animal
wants be supplied first ; that even Uie apprehension of want
be banished ; and then will you have a good field and good
subjects for ediication. Then will instruction be conveyed
ijvithont obstacle ; for the wants, the unsatisfied wants of
the body will not interfere with it. In the mean time, let all
remember, that those who undertake to hold bads the peo-
ple from their rights of property, as shown in this Work, un-
til education, as they call it, can first be communicated,
(though as already shown, they now know more of all
that is valuable among men, than those who attempt to
teach them,) either do not understand themselves, or pur-
sue the course they are pursuing, for the purpose of divert*
ing the people from the possession of these rights ; that
they may be held m bondage, even yet longer. It beocmies

370

ibe people to consider, and reflect, bow &r it is propa for
them, lo fi^er theinaelvee to be thus ileee^yed out of the en-
joyment of their rights, even for a 8io|^ hour, by any anch I
fallacious pretexts. And fallacious they must undoabCedij
appear, since the entire accomj^isbment of all that I hive
marked out in this work, as well the form of goTemmert
it exhibits, as the method of bringing it into existence, u t
matter as plain as that of the equal division of an estate,
which the father of twelve children may have left« without
a will, and therefore left to them all equally. These, al-
though not one of them could read or write a letter or un-
derstand any thing of what is called science, in all its thou*
aand branches, could nevertheless divide it among them
with the most equal and impartial justice. It would be
the veriest nunsense to talk first of Jecturing these hein
into knowledge ; if you please, into the knowledge of As-
tronomy, Chemistry, Botany, Anatomy, Medicine, Paint-
ing, Sculpture, Mathematics, &c. &c. d&c. knowledge
which has no kind of necessary connection with any cor-
rect understanding of our rights^before giving them their pro-
perty ; but nut niuru uu, tliau it is now to say, that the peo-
ple are not fit to have tkeir property given to them^ until
they have first gone through a course of education.

The truth is, all men are fitted for the enjoyment of their
rights, when they know what they are. And untU that
time, they do not desire them. They languish in misery
and wretchedness; every new day being a new day of sorrow
to them, when they do not perceive them ; and seem rather
disposed to charge their evil condition to some *'bad
luck,'* as they call it ; to some imaginary decree of desti-
ny ; to some superstitious interference with their happiness ;
than to any possession by others of property which be\ongi
to them. Thus is it the case with the poor and the rich,
passing now in review before us. The former does not

jmagine that it is the latter which renders his life miserable
-md wretched. He does not conceive that it is he who fills?
Iu8 cup with bitterness, and visits himself and his family
with the afflictions of slavery. *^ StiD, slavery, still thou art
a bitter draught ; and though thousands have been made to
drink of thee," without knowing that thou comest in the
•b^e of the rich man, holding in his hands that property
vliKh belongs to his fellow-men ; " still thou art not the
leflB bitter on that account.*' So would Sterne have said,
and 8o say I.

In the same wandering and benighted spirit, do both the
poor and the rich, the proprietor and non-proprietor, be
who has every thing and he who has nothing, cheat them-'
adves, daily, with self-delusions. How came this to be
your property? If I ask a man such a question, he imme-
diately replies^ " 1 bought it of such a one." Well, theUj
I auppose he had a right to 9eU it to you ? ** Certainly," he
answers. How came A^ by it ? 1 ask next. " He pur-
chased of such a one." And he, I suppose, had a right to
sell, too ? '* Undoubtedly." And so we go on inquiring,
till we come even to the days of Adam. How came he by
it ? is the next question. And the true, but hurried answer
IS, *^ God gave ii to him /" Here, for the first time, reason
begins to awake, and see where rights originate. What !
And did God give rights to Adam, which he has not given
to you ? Did God declare, to the man of his first creation,
that he not only should have the use of this fair paradise, as
it is said to have been, free of all charge, but should also
have the power to say, that no human being after him,
should have the use of it at all, for ever ? For, if Adam
have the power to sell, so also has he power not to eeU;
be has power to deny its use to any or to all. Better, fiir
better for mankind, if such is a correct foundation for our
right to pf operty^ that Adam had never been \ for then w.6

372

«houIcl have possessed it; mthouihuying of him tDhoneter
bought Mmsdf; and to whom it was never gwen^ for the
purpose of selling to others ; but for the satisfaction of bis
wants, so long as he should hare any ; that is, so long as
he should live.

But the absurdity does not stop here. If, in his lifetifne,
Adam should sell the property of the woild ; supposing
him to have the right, he might do so ; if, indeed, it be not
a contradiction, when there can be nothing to be received
in payment and on which to support himself. And if he
wait till he is deceased, how can he sell then ? Can the
dead sell ? In our day, we do not see bargains made in
this way Both buyer and seller are living persons. Per-
haps it will be said, that before a man dies, he may agree
to sell, and to deliver at a future day ; and that day may be
tJic da^ of his death I A strange day this for the consum-
mation of a bargain ! But suppose it to be so, can the
dead make ddwery of property, any more than they can
make sale of it ? Is it to be done by proxy ? Proxy I have
heard of, in relation to the living ; but never to the dead.
Besides, if proxy is competent to make delivery for the
dead, so also is it competent to make sale or disposition^
and that without any consultation with him who has once
owned it. And this places the matter where it ought
to be.

Thus docs it appear that one generation cannot sell.
give, or convey, even if it had the right, to another. The
reason is, that the one is dead ; the other is living. The
one is present ; the other absent. They do not, and
cannot mecf, to come to a treaty ; to make delivery ; to
give or receive. He who is dying, is present : so soon as
he is dead, he is past, and is no nearer to us, in an instant
after life hay departed,^than if he had died a thousand centu-
ries ago. Patience becomes exhausted in thus chasin?

.«fe'

373

away the phantoms on wliich possessors of property found
their title to it ; and on which* too, the poor yield their
assent to the vaUiUp of such title ? But it is useful to dis-
pel such errors from the minds of both the one and the other ;
that one may not put up a claim, which he shall see Be
cannot support ; and that the other may not confirm it,
through a misunderstanding of its real character.

But, if property thus derived, does not give to its posses-
sor tiUe^ hoVr are debts to be founded upon it ? How am
I to purchase of another that which is already truly my
own ? How is a man iruljf to sdl that which does not be-
long to him ? If it do not belong to him, in unimpeachable
right, be cannot give unimpeachable title ; and unless he
can give such title, he cannot have any just claim to receive
consideration. If he think he has such title,, he may be
very honest in his opinions ; but this ivould not make it
the better for him. Title does not come into any man's
possession, merely by the force of imagination. It has
other origin than this. To allow a man tO' sell that which
is not his, would be to compel some one to pay for that
which, in true right, is already his own, without payment
at all, of any kind, or of any amoimt. Let no man, there*
fore, say that another ovves him ; and ought to pay him :
let him rather first inquire into the title by which he
has held that which he pretends he has sold ; let liim inquire
firwtf if it was his own to sell. Let him ascertain if the
pretended debtor, through his ignorance of his own
rights, has not been placed| by his own government, in
necessitous circumstances ; and that himself has, by the
same government, been plaxsed in unjust affluent circum-
stances. If both of these suppositions are true, then there
is no debt existing between them ; he who is called the
debtor has only received that which belonged to him, of
right ; and be who calls himself the creditor, has only

parted with that nhich be never had the right to (loss^
or retain. Debts, therefore, and the ssme Is also to be
ssid of contracts, in the present order of society, are obli-
gstiona having no moral force ; especially as between
rich and poor ; and bo long as it exists never can have
any.

But, in confirmation of thcs< positions, nothing ntnild be
easier, if it were necessary, than to show, even more plain-
ly than it has yet been done, that there is, in the presen'
orderof things, no such thingas just debt or valid contract,
or valid possession of any property whatever, which has
been obtiuned of the poor by the rich ; and that simpljon
the principle of what lawyers call duress. And these do
not fail to call it to their aid as often as Ihcy can. It
means no less than this ; that no man is entitled to possess
what he has obtained, or expects lo obtain, where impri-
sonmeal, force or constraint of any description whatever, has
been employed to acquire possession, or the promise of it.
Thus, BB between the rich and the poor, if the Jailer now
owe, or owe payable at a future day, any thing to the for-
mer, such debt is null and void, if the debtor,>by ihe or-
ganization of the social institution in which he Uves, have
been deprived of his equal share of the property of the
State', and along uiih it, of his equal cducalion and instruc-
tion, in all that any of his fdlow cttizctia enjoy, and whicli
is BO necessary to enable him to supply his future wants.

It is true, in the instance I take, that it may not be the
fault of the supposed ricit creditor himsi'lf, thafhis debtor,
OS he is termed, is under Ihe darew in question ; but it is
Ills fault, if he take adtanUigc of. or profit 6y it ! And this,
it VTOuIdaeem, can scarcely he less than self-evident. For
it is certainly not more just, and therefore, not more legal,
vhat I, for example, should obtain possession, or Ihe pro-
"., of that which belongs to him, whom ono/An-has

375

placed under any species of constraint, than if I had done
it mjielf. Nor can it alter the relations of equity and jus-
tice betwen the parties, that the government which pre-
sides over both, is the one who is guilty of placmg the
debtor in this duress, as well by withholding from him that
which is truly his own, of right, as by any other species of
constraint whatever.

Nor, in a case in which the government, by giving ex-
istence to the operation of wills, may have given to any
one of its citizens, even more than belongs to him in equal
right with his fellow citizens ; and who, under the moral
influence exerted upon his mind by a state of things which
supplies him with unmeasured (as he deems it) and unme-
rited wealth, squanders it with a profusion, which, sooner
or later, reduces him to poverty ; 1 say, even in. this case,
the claim of this unfortunate being to an equal share with
any and every citizen, in the proposed division of the pro-
perty of the State, is not to be less respected than that of
any other man. For although it be true, that in his time,
be has received more, much niore, than hb equal share ;
yet he has received it under such moral circumstances, as
not to have the power to retain even that which, in equal
and exact justice, is truly his own. The very fact, of giv-
ing to such, or rather to almost any man, fpormous pos-
sessions, is, of itself t of such a character, and accompa-
nied with such a tendency, as, in most instances, to unfit
him, by the moral action it exerts upon him» even to re-
tain that which is justly his, and indispensable to the hap-
piness of his existence

Whenever therefore, it happens that wealth has de-
scended hereditarily into any man's hand, and has subse-
quently departed, leaving the former possessor in poverty ;
such possessor is as effectually under the operation of dti-
resii as if he had originally been» and continued to b^, de*

37C

prived of Ilia equal share of property. No contmcl or d(W,
therefore, can justly be said lo exist between bim and t
rich creditor, anj more than betireen the same crtdilor
and him who is, and always has been poor. And as be-
tween two rich men, or two men of unectual posse^ow,
if any claim is found to reat at all, when there is no titit
lor any thing ; such claim is against the richer party in la-
Tor oTthat irhich hoa less.

Nor iloes it avail lo say, tbat inasmucb as the people of
all governments liave ever had the power lo have gifeo to
each individual member of it. his equal share of the pro-
perty, and along with it equal mainlenanco and instruction
during the years of tninorily ; they have therefore, tacitly
at least, consented to the unequal possession which pre-
vails, and have no right lo complain. This is not true;
for if it be a fact, that they have tacitly consented ; still
the origin oflhis consent, each as it i«, is founded in igno-
rance, in a wnnt of knowledge of their rights. In poU(l<
cal justice, as well as in the principles of law acknow-
ledged hy the prevailing jurisprudence, it is laid down, as
it ought to be in every system where moral rectitude is pre-
tended to govern, that no man is to be injured, by any
concessions, express or implied, growing out of his igno-
rance, or waitfbf aknou'Iedge of his rights. So true is this,
that it often happens in our courts of law, as now organ-
ized, that men, even men learned in the law, as the expres-
sion is, who have made concessions or stipulations incom-
patible with their just ri^ts, ftoin not rightly understanding
them, have had them set aside, and rendered null and void,
by the propur authority. On the ground, then, even of
consent, since it could have arisen, or been oblaiued only,
through ignorance, there is no reason to cease to consider
almost all men as in a state of duress, (the rich for the
time being only excepted,} and as a consequence that

577

tiiere is no Buch thing as debt it alL With this conviction,
the mind of the reader, I think, cannot fail to see the entire
and perfect morality of the abolition and renunciation of all
debts recommended in Article 1st, page 137 ; although,
for obvious reasons, in some subsequent pages I have dis-
cussed the question of the existence of such morality, as
though it were a matter of doubt. This doubt, I trust, is
banished, and the judgment satisfied, that debt cannot
now be justly considered as having any actual moral
existence.

•

To entertain an opinion to the contrary of this, would
be to sanction the idea, that nations may rob a portion of
theur citizens or subjects, of their rights of property ; and that
such other of these same citizens or subjects, as shall receive
the avails of this robbery, may nevertheless, of right, make
valid contracts with the party robbed ! Thus, in the first
settlement of this State, one man, of the name of Van -
Renssellaer, (see note at the bottom of page 339,) receiv-
ed an enormous grant of more than three hundred thou-
sand acres of land, having a location second to none, ex-
cept to this city and its vicinity, in advantages of eyety
kind ; and yet any contract entered into, between this
large possessor, and the thousands and tens of thousands
who were denied their equal rights with him, is tp be con-
sidered as moral and good !

Thus, too, in the year 1066, when Wilham the Con-
queror took possession of England, seven hundred barons
only, were made owners by him, of the whole soil of the
nation, with only a trifling exception ; while a million,
perhaps, (for I know not the number,) of other human be-
ings, having rights equal to and with these same barons
and their sovereign, were denied possessions of any kind
whatever !

If valid contract can exist between (he dispoflsesied

32*

sit

tM MiUtte dr the oiiiM tevtait Bona I jr Ikfei b»Mli»

oiltotff snd iiin it woiMlMMdiMi vsU ^MMnMUMf
Mtadhr IMMA ttoftttte»iMMiii^«Mi»MtAW-
M vpon tbe ctfMt ; thta mM it be bacaon kfofy «r ir
gwAn of >fty laad hmg oiftdif qm of, to dtei» t iM*
iMl, Am Aof thute iiiebooiilr«itiinriflbailBmij»»
flM ind ill moril ftelwoeDth* pd^^
in the pneenoe of each otber, id the M jnMBMinB eljf
i)|Wi that beldog to each, tnd^in the total ■heemitt <fw»
ly thing fike deprivathn, eooMnnt, or doM*! IRkthii
doetrine beftte iu, the nwar of Qlttms ttfty iadead beM^
itbbed of their rigUa, and then be bookid by iMMet^aa
. ai to be compelled td furrender up^to thoee who rab tfntti
tiielbUhborortheir^?ea,withtheexeep6efioii^eraaM^
aa may banly keep them ro;eznteiieei^and aH viU beHghti
Btit without it, there tan be no Buch thing an eoMraeti at
diSkt, orMlig firom contract ; or just poMwiOD of piepw-
tf, or labor .or the avails of labor, growing oiHofpaijfmai$
of any such supposed debt

Let society, however, be so modified, as to give to eaeb
man his original right to property, at the proper season ef
his life, equal to that of any other man^s, together widi
equal, early, and ample education ; and then, debts will
have a good moral foundation on which to rest. At pie-
sent, debt is little more or less than eztortiony practiNd
upon the needy, who hate not, and never hare had, wbit
is their own, by those who have not only their own, but
aho wlMt belongs to those to whom they undertake to sdL
It hifikeihe thief, selliog his stolen goods, to the trae and
oi^alowt^r**

*• IWh HOI bought pyoper, in thk Wetk, to propose, ikit

379

Man, in hia ignoriAee of tbe kwB which govern tfie ope^^
ralioM of nainre, as well thoae that are near at hand, as
those that are remote, and jdmost InYisible, is a being o
feeblenefls as it, regards his power of supplying his own
wantsw Cireumstances, in the early stage of his social
existence, which none, at the time had the power to con-
trol^ because they had not the power to foresee the future,
enabled some men, as it were, to make prisoners of others,
and compel them to supply wants, which they were not, of
their own indi?idual and equal resources, able to supply
themselves. What is called wealth, therefore, is nothing
less than the power to make prisoners of our fellow men ^
and to compel them to erect for its possessor, a palace of
marble, for' example, when of his own equal or equivalent
industry, he could not erect it himself.

But it is time, that those who desire to be rich, should
desire to be so, without enslaving their felk)w men. And
it is altogether easier to do so, without such a crying injus-
tice, than it is with iti Every morning do I have on my
table, what the mightiest of tbe Roman Emperors could
*not have had at aU, in the best days of his power. And yet

in the new organization of society which it contains, no
laws shall be passed for the collection of debts. I appre-
hendf however, whether such laws shall be passed or not,
that the fact will be, that there will be little of debt in either
case ; inasmuch as all, witt^ very few exceptions, indeed,
will have tbe means of present payment; and credit, of
eonrse, will neither be given nor required ; at least to any
such aknonnt. as to deserve the name. Let us anticipate
then, bow happy it will be for our species, when tbe hosts of
lawyers, judges, sheriff, jailors, legislators, &c. &jc. which
new swarm aroupd us, shall nearly all disappear, and instead
of preying upon producers, shdl become producers them-
selves.

cqnb; and aikt ikMi' td a l rihi to ttf Ite*
nywinta. Whrt, thai, cm tMi b> t A i m ii lfmi m i

OotiflU ihftiiH b0| ud vndto MMr ' ■ '" » ■ ■■* " ^

on would be, a faiden^ ib iHridi the Mbdl
would flouikb luufiioflj. It h, io diioovoriki^
4at iH men dmSd look far tte Moite Of tkelriMIK'
Fof| wheOf hf leeeon ofdiiooteMii nen cooi^'ftr eni^
ple« to be able, eeeb, to do « ftmcb ee' Ato tfaooMiid Mi
could do. pieriooi to eooh diaeofcry ; h ie piccMy tie
aame tUof u if each one of oa coold g& ftrth, aula
prieoMii of thia noBaber, aod compel them, wkhout eeir
to aa» to contribiite to oar oae tba fliH qoaatam of aU Vw
labor they are aWe to perfarm.

To become aaoaible that ioch ia tbk true ebveetf tl
wealth that k hoUiprt or lei^timate ; and that k ia tha-wqf
to make the moat of it> too, we need otdyyetor to tto (
power of producing wealth which the printiBg press tflbtdB.
'< In the year 1272, the wager of a laboriog man were jost
'' three halfpence a day ; and at the sameperiod, thepriefr
<< of a Bible, fairly written out, was £30 sterUeg. Of
<( course, a common laborer, inthoaedays^ could not bare
*^ procured a copy of the Bible, with less than the entire
'* earnings of UdrtMn years! 2Vbw, a beautifiil |»ioted
«< copy of the same book can be purchased with the eam-
^^ingsof oMdoy."

<« Take another view of the subject An ordinary deik
<< cannot make a fair manuur^ copy of the Bible, in letf
«< than three months. With a comaioii printing pressy work
** equivalent to printing a copy of the whole Bible, can be

done in tea ndmUee; and with a steam-press, of tie

most approved construction, the same work can be dose 1 1
<« in three minutee,^^ ^ I i:

I
1
\
I

\
c

saf

In the -first view abovementioned, it appettia, that witii
thirteen jewmoi his labor, a labpriog man otn now pmr-
chase 4800 Bibles ; whereas, before the invention of the
printing press, with the same amount of labor^ he coidd
purchase only one ; and that, of an inferior kmd. Here
is preoisely the same quantum of wealth plaoed into the
hands of this laboring man, as if, when manuseript, afl^ded
the only means of furnishing copies of any work ; he could
have gone forth, and by conquest, force, stratagem, oun*
ning, or fraud, made prisoners of 4800 men; and compell-
ed them to work for him for nothing.

In the subsequent view, two considerations are blended.
Thus, it is not a single person, that is capable of using the
printing press ; either of the common bind, or of that
driven by steam ; whereas the case supposed, allows us
only one copier of manuscript. It has relation, therefore^
to time, to rapidUy cf exeoutum^ rather than to compara*
tive labor done. Thus, by one common printing press*
copies are multiplied fhster than could be, fay a single
copyist, in the proportion of 13,104 to one ! And in the
case of the steam press, as 43,680 to one !

Such, and similar, too, is the case with iDoumerable Mitt
inventions,' which the benefactors of mankind have bestow-
ed upon the human race. Nor, notwithstanding, so much
have been done by those who have gone before us, is there
yet little left for us to do. The discoveries, that yet remain
to be made in every department of human knowledge, are
inexhaustible, as will be the wealth which they will aflford
to the generations tllat shall make them, and to those that
shall succeed them. But, in orde rthat we may have a
multitude, and the greatest multitude possible, of eiplorers
of new truths ; the situation^ the comIMni, in one w(»<d,
ihe poBseasUma of all men, at their first mature entrance
into lifb, together with their education, must be equal. Ai^

^ hf Ite mMU tMHtrtof mp^r*^ |1||m4«P «#
pflMM k» k dliMliiii «r«iMk«Mli «■ U wf j w u i l pi t i i* -

It^ Mi tMo mj , IB 4ka «mpm fiM^r 9^>miiii^

Mr ovo. teriilil of jdMir .Imi« r jpi vilhaat wIM^
Ihv dM. MDadd littb to the Mek ofjMiiM t^^^
aM» wip 10 pweana tlwt wlweb k bow-mi eijitaDcn^ ■ ^ ,-
Under tho pwaiil anovitl diiliiWiHyi of iifV«Jy>
wiwro labor b tho aole rosooioe tho poor hoio, fay whkh
to miintiia tbdr onMneo, d^groM 00 k k| bf Ifao ilM»'
tj IB which thororo phiogod, it h nol wond^rfU thit Jhff
kifo hood feand to bo oppoood to tho iiityodpetioB of a^
piofomonti. FraUkoi nd onof tilng u oaoh opporitMO

B^^P OB ^^B W^B^ BVH^O OBOBB^^WH^^^B^MOO'^^V VB^^BBB ^W ^^^^^^^P ^M^^BI^^ B^ ^H^^^W. ^P^^^

poor to bo. It 11 true, that ooo oonaoqiioiioo «^.JBQh Wn
proveinent, as we have already shown, is, that a poor omb
even, moj obtain 4,800 times as much as he could obtain
without it : yet, it may be asked, may he not be an ulti-
mate loser ? May not improvement extend to such a de-
Ipree, that there will be no demand for his labor? Or if it
does not reaeh this point, will it no^ approach so near it, M
to make him an extreme sufferer ? Let it not be f<Nrgotteii,
that while on the one hand, labor-saving machinery is ad-
vancing in its march to perfection, with rapid strides, and
diminishing demand forlabor; so on the other, are thi
numbers of the poor, among whom this demand is to bi
shared, aiignlenting in a fear^ ratio. It will be saii
perhaps, that by reducing price, the direct and certain cos-
sequence of improvements, (otherwise they do not deseifB
the name,) consumptiim is augmented ; and, therefore, tbe
demand is increased. This is true only in a limited de*

383

gree ; for, as these improrements sapenede, sooner or
later, in a great measure, all demand for the hbor of the
poor ; it dries up their resources faster than it multiplies
them ; this, tn the end^ diminishes, rather than increases
the demand ; and the consequence is, that as inventions,
any more than revolutions, never go hackwards, are never
given up, when their* benefits are once tasted ; that the
whole laboring population must perish, as it were, in a sort
of self-destruction, like useless beings on the earth, where,
it would seem, they have no right to appear ; or that they
must avert such a calamity, by the' best means in their
power.

That they cannot destroy the existence, and even in-
crease of labor-saving machines and processes, is evident
from this ; that every one of those whose feelings are en-
listed against their inutility to them, on account of their de-
stroying demand for their labor, whenever he has occasion,
purchases, because they come cheaper, the very produc-
tions afforded by the agents which he so much deprecates.
Of what use, then, is it, for a laboring roan to cry out
against improvements, when he goes and buys a coat, for
example, or rather the materials of it, at a low price, which
these very improvements have made ? It is reward that
keeps these improvements in existence; and it is not
a volley of hard words and abuse that will do them any
injury. If, then, the poor themselves contribute, and
ms they do, by an unavoidable necessity, to the support of
that which threatens their own destruction, what hope have
they to escape Y It is not the rich, certainly, thattriS;
^oen^U were right thai ^^ehauld; and, we see the poor
ca$moi forego the advantages, individually speaking, of
these inventions ; how then, are they to avert so great a
^calamity ?

The Steam-Engine is not injurious to the poor, when

oicwt uiv .tmii AfffiionuAaa JAM^Mto

MM iMyv TBS QOnXMI IMVOWBak' «B
WOOLBI FAOVOBtflir ^SHS ;finOllr lOMH-

SB, amps. flOODS, BWMf>WMg8>;in5M»tf
.AOBICULTURB, fte. *•; *«. b niMMr M^fM-
poH« IB iw HMk, iJiP. AB»aimwl WMT j^

ira MHM, ' wihr Umb mm ^^Ummmmtm^-.immi^
wmA. hUm tywJ ilifiihiB qf jyofiitjiltitMAiB
ALL RIGHT, ukI an equal tranniiMimi ttii to jMMtori-
^, KEEPS IT SO.

Amidst tlw midtitiiAe of efibrti , wUdi^aiMbmit trnm
•ad in diffiareiit ooiintMa, have been made to aooMi-
pKrii fi>r the people wbat Mnve eodeaforod to aeeiMqdiik
Arthem in this work; itaaybewqpeeledlbatlakidUtihi
eome notiee of the lahori, in tbeeaswjof Inmalityf wMefc,
among others, hafo distingaished Mr. Ro fc eit OniBi ^
Now Lanaik, in Scodand. Thai Us intentioas have hcfls
Aope of the purast charaoler, there oaa te ao talt
But of what nse can a system of the kind be, wheaitii
only to be established, aot on the f^fACt^oT theee fiar whs*
beaefitit is ^piassly ialeiided; bat on thejwnaiiiiairf
those to whom, siceerdmg to liisphiis, itanjeessssryi^
apply, befiure any one of his commnnities can beaBoarf
tohaveea eiistaee t Mhsa iiirjnmafciH rf imfiiiliiit^

3
S
1
I
t

G
Q

;»5

human beings^ without property of any kind, or of any
aipount, can be allowed to have *^ a local habitation ;" I
uiight almost have added, «< and a name," it is noces
aary for them to enter into a treaty with those who now
possess the property of the world, for permission to enter
, into its possession ; and as an inducement to the holder to
give such permission, the future labor of the community is
to be given up, precisely in manner as now happens
throughout the world. Even Mr. Owen and his associates,
from the labors of those whose welfare they consulted,
drew an annual interest, on their capital, of twelve and a
half per cent,* That those in their employ were evidently
greatly improved in their moral, intellectual, and physical
condition, is undoubtedly true. But what does this import ?
Does it mean, that because their condition is evidently
greatly ameliorated, that, therefore, their rights are recog-
nized to their fullest extent ? If it does not, why then
should not a better system hf sought and this renounced ?
It has been the purpose of tnis. Work to show, and I trust
DO one will read it without the conviction that I have shewn,
that every thing paid to any one, in the shape of interest,
rent, or profit, beyond payment for service rendered, is an
invasion of the right of him who pays for the unjust benefit
of him who receives it If this be so, why should it be paid
more to Mr.Owen than to another ? He, certainly, I am per-
suaded, would be the last man to desire it, if he were con-
vinced of its impropriety. How, then, when he has been
searching ^ito the causes of human misery ; how has it hap-
pened that he has not found an abundant fountain of it in
IniBself; in his own person? Take away fitun the possessore
of the world their dividends, their rents, their profits ; in one
word, that which they receive for the nee of it, and which

^ ByUM>y*s Observations en the Somtos tad Eftets of
Vmotfiai Wealth, p. 144.

bdongSffreefybelongs, tooneu much as another -,Knd«kal
WOiild become of the present miBerable condition of the hu-
nui race ? It would be annihilated for ever. Bui these di-
ridends, these rents, these profits, these prices paid for the
KM of the world, or of the world's materials, nill nevei
cease (o be paid, till tits postetaion of these materials is
made equal, or substantially equal, among all men ; till
there ehallbe no lenders, no borrowers ; no landtordd, no Ic-
nants ; no masters, no journeymen ; no Wealth, no Wani.
But, allowing Mr. Owen's system to be good ; where
shall wc find more men like Mr, Owen ? It is no new thing
in the world that Kindness is a greater Despot than Cm-
etty. It is no wonder, then, that he and his associates, at
the same time that they gave more happiness to those un-
der their care, than they might bare obtaifled elsewhere,
drew also to themEeWes greater returns than others are in
the habit of obtaining as their reward ; yet elill the ques-
tion recurs, where shall we find more Owens? Until it
shall be shown that ihey can be found, a system is of lilllc
use, which can only exist during the lifetime of a single

Besides, there is something uncongenial with the best
feelings of the heart, (to sa; nothing of original right,)
when it is compelled to contemplate the happiness it en-
joys, be it tittle or much, as flowing from another ; eten
though it be from a benefactor. It subtracts half the value
of such happiness, to feel tliat it is dependent on another
for it, instead of having it indissolubly connected with us.
as a part of our existence. Disguise it, as it may be, there
seems something silently, but too audibly to tell us ; that
though wc may be happy, we one it to a master. And
yet who, better than the poet, has expressed it ?

"Ortl

■e creating HenTen,
comraon good ordiin,—

381^

I approach, then, the close of this Work. I hasteD to
conkmit it to the hands, the heads and the hearts of those
for whose benefit it is written. It is to them that I look, for
the pofoer necessary, to bring ihe system it recommends into
existence. Tf they shall think I have so far understood myself,
and the subject I have undertaken to discuss, as to have
perceived, and marked out the path that leads them to the
enjoyment of their rights, their interests and their happiness,
IT WUiL BE FOR THOSE WHO ARE SUFFER-
ING THE EVILS, of which I have endeavored to point
out the causes and the remedies, TO LEAD THE WAT.
Those who are enjoying the sweets of the labor of others,
will have no hearts to feel for the misery which the pre-
sent system occasions. And the first throe of pam, which
they triS feel, will be that of alarms that they are soon to
be ordered to riot on the toils of others no more for ever !
But tlv>se who mffer^ will feel no cause of alarm. The
very intensity of their sufferings, since now they understand
their origin and cure, will add double vigor to thdr exer-
tions to recover their rights. But let them understand,
that much is to be done, to accomplish this recovery. IT
IS TO BE THE RESULT OF THE COMBINED
EXERTIONS, OF GREAT NUMBERS OF MEN.
These, by no means, now understand their true situation;
but when they do, they will be ready and willing to do
what belongs to their happiness. If, then, there be truth ;
if there be reason ; if there be force of argument, in the
work whicb I thus commit to the hands of those for whose
benefit it is written ; let them read ; let it be read ; let it
be conversed about, in the hearing of those whose interest
it is, to hear whatever of truth, of reason, and argument
it may contain ; and ae efien^ too, as there may be oppor-
tunity. Let them awake to a knowledge of their rightsv

3te

and Itow As; ma; be obtained, and they will not be don
(since it mil then be so esa;) to reclaim them.

Let the poor and middling clawes underMand tbal tbeir
OpprCBsionB come from the overgrown wealth that cnris
amon; them, od the one hand, aiid from entire deatitn-
lion oD the other ; and that as this overgrown wealth is
continually augmenting its possessions, in a rapid ratio, ^
public sufTenngs are conlinually augmeoting also ; and
must continue to augment, until the equal and unalienable
rights of the people shall order otherwise. Let the parent
reflect, if he be now a man of toil, that bis children imist
be, ninety-nine cases in a hundred, slaves, and vorM, to
some rich proprietor ; and ihat there is no altcrnatire, bol
the change proposed. Let him not cheat himself with
empty pretensions ; f'<r. he leho eoatmandt the p ropttljf of
nf a Suue, or eeen an iiiordaiateporlumo/ii, HAS THE
LIBERTY AND THE HAPPINESS OF ITS CITI-
ZENS IN HIS OWN KEEPING. And if there he
ijomo dozin, or fifty, or five hundred of these large pro-
prietors, they are neither more nor less than so many addi-
tional keepers. He who can feed me, or starve me ; give
me employment, or bid me wander about in idleoeM ; is my
master ; and it is (he utmost folly for me to boast of Mng
any thing btil a slave.

In fine, let the people awake to their rights ; let tbem
understand in what they consist ; let them see the cowie
they must pursue to obtain them ; let them follow up that
twirse, by informing each as many as ha eaa, his feUow
ciliitena, of the truth which this Work contains ; let all
co-operate, in the early and effectual aocompliahment of
the objects it recommends, and these objects will vasSy
and q>eedily be achieved, and none will have labored in
vain.
At the moment of taking leave of the reader, it occurs

389

to me, tbat it would bo well to add a nngle mmaik. If
ever the principles of this Work are to prevail ; if ever
tbej are to find their way among men, and to restore to
them their rights, it is oiUy to be done, by each doing all
he can, single and separately, to open the eyes of his fel*
lows, to the perception of .the evil that oppresses him, its
origin and cure. While this is doing, and doing too in
many parts of the State, of the Union, and the World, at
one and the same time ; for such is the co-extensive and
cotemporary energy, with which the productions of the
press operate ; the rich, now and then, will cast their eyer
on this Work ; and they, too, will see that the qrstem
which it proposes, must, sooner or later, take place. UI*
timately, the whole of them will come to the same conehi-
sion. So many of them as shall dread its approach, and
shall not- have the moral honesty to surrender up to the
disposition of their fellow citizens, all that they have, will,
of course, conceal as much as they can. And that which
is the most desirable to conceal, and the easiest concealed,
is money. Now, whenever it shall appear, correctly or
otherwise, it is no matter, to the rich generally, that the
great mass of the people have very nearly awakened to the
determination to resume their rights, and pursuant thereto,
to order a General Division of property ; these conceal*
ments will take place very suddenly ; and, perhaps, to
such an extent as to withdraw the precious metals entirely
from circulation, out of the banks, as well as elsewhere.
In such an event, the banks would be broken ; and as
there would be no circulating medium, all business would
be instantly suspended. Those who now carry on exten-
sive business, would i^ave nothing with which to pay off
their hands ; and if ^hey had, they mi^ be as willing as
others, to bury it ia the earth, for the purpose of defraud"
ing the commvfiity out of it,

S3*

390

(a such an eront, which is Sa htm being iinponUe.
lit wigbed Ibr change woold srriTa earlier, than b abndf
uticipaled id Ibis work ; a^d ■» n>&nber sotnewJiat did«r-
ent. For tfae reader undeiatsnik, ihat I have intended,
that a Sule Convention, to be ohosen by the people, for
Ibe purpose, shall order the suspenuon of all buaineK,
wbicb, b; ibis operation of withdrawing alt the goU asd
silver from circalation, and burying it in the earth bj the rich,
would be anticipated. If il should so bspi>en, it will oat
be the iault of tbis Work, or of tiie great mass of the peo-
ple, and may not be that even, of the majority of the rich ;
fbr even a very fen of them, would be able to put avay all
the precious metals, that are to be found in the State ; and
as to other Stales, thoy could no more spare their preciouE
metab than ourselves, wilbout coming in contact with i
similar catssirophe ; and of which, they too, will be m
aimiUr danger, Besides, as to personal property in tbe
city of New- York, alone, there is probably more in value
dian all the specie money in the United States, twice, or
even thrice told. So that n will be no difficult thing, if
ftiahonesty prevail, even ta a ^mal) exteoi among the ricb.
to bring about the withdrawal of nbicb I am speaking.

Under such circumstances, il may be said, that tbe
government has suddenly ceased to exisl ; that it has ex-
pired, as it were, in a 6t of apoplexy ; and it will then be
incumbent on the people lo organize a temporary commit-
tee of safety ; and take caie, imme^diatcly, that no pro-
perty leaves the State, or is wasted, or destroyed, further
than is necessary for Bub^iatetme ; until a State Convention
can be asBcinbled, to form a aes government, on princi-
ples corresponding with all the rig>ls of man ; and which,
as il ensures hia bappineca, by preserrjng bis equality, and
that of all sacceeding generations, w may confident
hope will be eternal.

INBlSXi

Abolition of all debts ordejed 137

Acquire property, as rightly understood, men do not , 07

. Adum did not hvj property, &c. ^ 371

Adults, death of, in the different seasons of the year fM

Age of matunty, recommended to be fixed at 18 189

Agrarian Law, among die Romans, what SO

operation and effects of, as apfrfied to the

State of New- Yoik 23

the Source of more happiness than aoeie-

ty now furnishes 28

Aliens, on becoming citizens, after the General Diri-
sion, must give up all property over the amount of a

patrimony 149

Alien Book, General, what 297

Astor, J«hn Jacob^compartaonof bis lalKHr, say of fifty
years, being pai^ for with the labor of ten thousand

years 154

Astor, J. J. his imaginary loan of the Chemical Bank 187

Banks, to be destroyed, why 163

how usurious ISO
Rhode-Island, how little specie for its paper in

circulation 181

Georgia do. 181

Bank, Chemical, do. 182

Dry Dock do 182

Manhattan l63

Bible, former cost of
B\T&,placeol,doanotght title to soil
Birthi, miequa) ; ^hen mosl of Ifaem take place
Brooklyn Feny-BoaU. rob the commuDily, bow

Charily, to be Etven only by the Slate, wby
Charters, all to be repealed

Dull, trhen they pretend to give vrhatjthe receiver
hat no light to receive
Child, may ht ttarted to decUh, if the father's properly

belongs only to !he father iiw

Children, estimate of, between 5 and l5 in the Slate H

proportion of those who read IS

clothed, fed, and educaied at the public expense U3
being furnished vrilh a patrimony, at the age of
mslurity, without expense lo ibe father, the in-
dustry of the Utter greatly increased thereby 225
their future wants, their parents do nut supply

them 317

DO longer placed in macubctories at uosuitable

a^es 281

suppoTtedat the public expense, reasons why 96t— 366
of the rich, have an tnfn-esl in insisting that their
fathers consent to the proposed oi^Riiization of
society, and a right to demand it 156

Churches and Church properly, to be sold, wby S43

Common Council, a member of, bis abuse of tbe poor 341
Community system, Mr. Owen's, otgeclions to 384

Conquest does not give r^ht 34

Consent, alone, gives lOie to specific property, but Dot

the right 42

Constitution of Soulh-Carolina, as drawn by Mt.

Loebe, its absurdities 66

CoDstitutioD of tbe State must be altered, and wby 145— iqt
Contract, there is DO such'thiog as, why 373

CouDlies, number of in the Slate 2£(!

37B

393

Dead and IWiogf cannot ttiMtf ftc ^

Death, of husband or wife, afbr ; flonrif^ bubitf tte

property, after debts are paid 1^

Deaths, of a<2tt/fo, in the different teaaQni of (he fwr S59
Debt, theie is no audi thinp as, why 373--378
Debts, no laws for the collection of, probable; «Qle to

page

" Department Inventory,'* what it footaina 295

Diagram of the world, oec«pied in common 96

divided equally 106
divided unequally 337
Di^tricts^sehoot, number of ^^
Dividend, annual, for ever, of the e&cta of all deceas-
ed persons 141
Dividend, at die General Didakm, may be JOdftde veiy

near and sufficiently eqi»l ^^
Duress, all governments guilty of towards their citi-
zens or subjects, wherein 374

Egypt, lands of, held only for one year * 106

Equal diTision of property, to desire it, not a dictate

of nature, as asserted by Raymond, controv e r t ed - 26
Equal division of property may be brought about, by

the rich, how . , 388

Equal share of property, those who think it an evil, need

nattakeit. ' 215

Equality of rights, no power can justly destroy 44

Gitending suffrage in this State, so as to allow men of

no property to vote for State Senators, «ii||} violated

the (then) right of property in the hands of the rich 55

F
Fortune, men of, evils and curses to human Sociefy 246

Fortunes, laige, injurious to those which are smaller ^

MBK*

946

Oamii^, a t?R, and therefore a felonjr

Gas-Li^t Company of New-York, a robbeiy of Ihe

commuDily
" Gener*' Alien-Book," whal
General Division of property compared to a general

Bankruptcy
" Geoeral Inveotoiy of the Stale," what
Gilb, why they may not be made

iThy they will not and cannot be made
GoTemmenls, all have begun wrong

should commence anen
Gorernment, may he overthrown, even by a minority,

if the latter have not had given to them their equal

share of property
Guardians appointed for those who are not qualified to

take care of property. Article 10

Half right, and half wroi^ systems, vrrong altogether
noncsty, of the poor, proofs given
How long does a man own property ?
Hudson, the first discoverer of Hudson River, attacked
by the Indians

Jefferson, bis imperfect view of the principles of gov-
ernment
Jefferson, more r , his errors
If a man's pror^erty is his, and his only, he may starve

his own cb'ld to death
Indians, of ibis^ountry, not exclusively owners, why
now living amoc^ us, to give up tbeir lands and

lake their equal share with us
attacked the first discoverer of Hudson River
Ind'ilence, the true sources of, what
^■-'dustry, the true stimulus o(, what

to have full protection against foreign competition.
Art. 39

395

Inequali^ of property, sources of, even after it shall
have been equally divided* enumerated and con-
sideied 24^-854

Inaurance, probably by the State 348

Judges, of whatever kind, to be appointed by the di-
rect vote of the people 207

Lal>or, not property, why 33

bestowed on property, does not give title to the

latter>,wby 34

whose it has been, that has made the title what

it now is 845

Lands, in E^pt, held for one year only 108

in Peru, do* 108

belonging to the School-Fund to be sold 157

to the Indians, to be given up 158

Large fortunes, injurious and often destructive to those

that are smaller 384

Law, Agrarian, among the Romans, what 20

as it would be, if applied to the citizens of
the State of New- York IS

Laws, never the same in any two countries 2Q

Living and d^ad cannot meet, &c. 372

Locke, his plan of government for the Colony of South

Carolina 66

Lorillard, comparison of his willing away the poor,

like so many cattle, beginning at the bottom of page 225
Lorillard, it is the labor of the poor, that is daily add-
ing to his wealth, and the wealth of others ; their
own industry is as nothing 238

Lotteiy,|in the nature of gifts, and therefjre a feloigr 348
Love of property, reasons ynbj we have it SSI

Machineiy, labor saving, the poor suppojrt it, why 383

Man, black, red, and white, to have t^ e ^ame r%hts 146

black, his frights of suffinge 156

not fit, ^. answered 987—371

Iff nti>i1,hymiine supposed to bcofttw species ; one,
of slam to frork; the utber, of masteis to make
them work
Maturity, tge of, recommended to be fixed at 18
Heo, rich, do not earn tbeiroirn nesllh
will away the [M.jj like cattle
of fortune. Ihe evils and <'urse^ of society
wealthy, can only escape giving up Iheir proper-
ty, by fraud, perjury, &c.
beginning the world with nothii^and gelling rich ;

why they should g:ive their wealth up 335 &

who say " they have made Ibeir properly by their

industry," answered
without children, love property as much as others
with children, olteti beep it as long as they live
offortune, ought [o •■ m rtiiinated, andhow
itIerchaoLs, as necessary id the new, as in ihe old system
Midi, United Stales, coinage of
Uooey, theory of, fcc . 167—:

N
Navy, will be destroyed, its place, how supplied !

Newlon, Sir Isaac, how he might have been situated
on the principle that be could be allowed to have
property only from a testator 2

Number of peraom in France who aaimot i«ad

of Counties in tbc State S

of Townships do. S

of SchDoMistricls 3l

•f white penoos, for ODe of Ihe African nee II

of the people (rf this Slate

of children between the agM of 5 %nd 15 j

of acres of laud in the Slate E

Olgectioiis, to tqiul patrbaaniei to all. will have itill
poatcr force against large lacaeiCB Umg ghnt to

AesMBoftBetidi

397

7AGJ8*

Objections to an equal division of prepertj anoDf all
penons whatever, are equally forcible against ao

equal division among children of the same {amilj S09
Qbtervations on the theoiy of money, 1^. 1I7«^179

Occupancy of property does not give title 36

Ocioupations, all require property 341

Ql^en, Mr. Robert, notice of 3t4

Painet hja iupperfect views pf the principles of gov-
ernment ^3

Patrimooyy ofixr General Pivision* to be given, (in
matter of right) to all oJtizeM bomhercj and to thete
only, Article 4 139

Patrimony* at the General DivisioOf to be .given to fo-
feignem. who aie then citizens ; .and to those who,
•withoot being citizens, have been five years resident
in the State, page 138, Art. 2 317

Patrimonies, difference in, will or may be very small^
and such as to be of no impoi^nce 261

Pern, lands w, held for qfm f9f^ cwly . ^^

People^ a gneat Judical Tribiinal, jifdgingof the rights
of property 311

Place of hi 'r: does not give title to piapfviy 131

PLAN, for dividing all proper^, with form of govern^
jnent to succeed W— 144

Possessioa or occupancy, does not give title 36

Possessions, Van ftensellaer's held by an ui^iist title 129

Priests, as wdl as others, must do military diMj 200

must not be prevented by. the Copstituljau ^fom
being chosen to iofficc 202

Pnparty, equal division of, to deaiie it, not a 4mt^.
of nature as stated by Raymond, Gootrov^fi^ 26

Property, rights of, not understood 30

labor basloired 00, ^Q9» not give title lo;(be for*

war ^ .. .
; possession of, does not give title . /

•-:i .'.

39S

FAGI£

Property, title to it, consMit alone gives it *'■

Hmiot^doesa tnanowDil? 82

As Tigbllj understood, men do not acqaire ii S^

if it be wholly a man's own, he tnay Uane ftu oaw

ckiid to dealk W3

liss no successors ; all bare title to it in their otni
■ « right 130

B reoanciation of, abroad 1^

' the present distribution of, g;ood enough, il is laid,

acnwered 315

eqiulshare of, those who think it an evil t 'them,

need }u>t take it ^5

UDequs), vices both in high at>d lotr life come

from il 219

lore of, reasons why we have il SBl

will descend unequally, even after an equal gene-
Division has taken place, if wills remain, rea-
sons why 249-366
in the hands of the rich, often of little use to any

»body 288

Talualion of, principles of 387

on board vessels out of the State, to be consider-
ed as property of the Stale ; no also the vessels 891
should not descend hereditarily any more than

political powei 299

men of wealth can only evade giving it up, by

fraud, ppipuij, &c- 300

General Division of, how far it is like a general

bankruptcy to the lich 256

unequal diitribulion of, compared to a dinner party 35S
true source of, title to, what 357

being unequal, the origin of conquest 3dS

inequality ol, the origin ol it, what, 360—367

of die church, must not be exempted from sale,
why 341

Proportion of the colored to the white population IS9

^ishmenl, for concealing or not giving up all proper-
ty, Art. e

MDl, for Eivic^ away property) Art. 18

399

Q PAGE.

Qjuakers, or others, not to be exempted from bearing
arms, on any consideration ^^^

Read, men who cannot, number of in France ^
Reasons why we love property *5il
why debts out of the State, and property io it,
owned by citizens or subjects of oiher States or
nations, cannot be paid or received 319-^333
why a man beginning the world with nothing, and
getting rich, may yet have his riches taken from
him 335
-why a man, at his death, should give up the la-
bors of >his life, without saying to whom . 237
RenundAtkMi of all property* abroad ^ 137
Rich men do not earn their own wealth 238
will away the poor like cattle 226
Rights of property nut understood 30
the same for the black man, the red man* and the

white man 146

equality of, no power can justly destroy 44
of man, Mr. Jefferson's erroneous views of 58 — 72
of women to property and sufiErage the same as

those which belong to men 159

men have Inquired too little after them 239

none have ever abandoned them 340

Salt Springs,* should be sold, why 146

School districts, number of 286

* Since thia work went to pre», gtatementshaTe been given to Hit public, ihoW'
inf the duties on Salt made in this State, the peat year, to aaoont to about 150,000
dollars. In page 148. where the average duties for 19 years are put down at
75^000 dollars per amuun, the value of these Springs is estimated at one nil*
lion and{a half of ddlais. ^y the same rule of eitiiaation, their value should now
be cousidered at not }fin than three millions.

~400

, PAGE.

SoCMt;, bappier, wilh an Agrarian Law, like Ibe Rn-

inan, ihao as il i" now organized ' ^5

3«OTce3 ofirequalily of property, tven afler it shall
base been equally divided, enumeraled and cwi-
aidered 348-^

Specie, estimate of, for each person in the U. Slates 34!l

in England 350

in France 3B0

Speculation, no cbance for in Ibe new system, wby 281

Spendthrift. less opporliinity for the existence of tbe,

than now. why ' 354

State Senate to be established, why 204

T
Tariff, on imported cooinioditiei, why it ^ould be very

bigh and almost prohibilory in ainaoit all cases 3fl&— 282
Taxation, exemptions from, instances of ; see both tbe

text and note 35)

Valuation of property, pnoctplea of

VaJue. probable, of the Slate

Van FCensseliaer, his possessions held by ao uajust

title
Van Rensselaer, extent of lands granted to his ancas-

tors, ^ee note to page
Vessels, and property on board, being without tbe

State, to be considered as tbe property of the Stale •
Vice, both in high and low life, come from uivequal

e Stale
W
William, the Conquerer, of England, notice of
Wills, if they are good at all, ought not to be Totbid-
den to be so made, as to mil away eren oar veiy
lamp -posts
Wills, tbe intention of, now very often defeated, and
therefore useless ' 3SS

401

PAGE.

Wills, immoral io their tendency, why 234

why again 235
uqjust and criminal in their operation, why 227
to bestow lahoTy not practicable, even if they
were just, why 236
to bestow labor, uqjust, even if they were practi-
cable, why 237
as they might have affected Sir Isaac Newton 252
Women, to have the right oi suffrage as well as the

right of property 159

World, diagram of, held in common 98
diagram of, held by the tenure of equal and exclu-

sive possesion 106
diagram of, held by unequal tenure, much as it

has ever been 337

34^

',i^

' I

^*:

■••i;r

TO THE READER.

The indifpoehioo of the Author, diuiiHr » fovtioB of the time ihi* Wotk wai in
Preu, thM«th Ito «m» bx miiUke, dariof that period) of the erifiaal Mnuor jpt,
inttsMlofAeofreotedtnnflortpti heeled to •ftwerrerim prist; niituiHimftt-t
taiice,itiitnie; but ifin eeMethJlig more then it weeid he etriotlypftper totem
typefrephioid. The Mleeritf emta, howerer. wfli evfeet tfaeM, ee il'witt abo
thon oft Orpetrtphieel ktaid} e«d the oraae thethae readered it aedeemry, it
be hoped» will be cpneidered a evfleient apology.

ERRATA.

Page 0, Uth limb inm bottom, after the word ** evt,** hawt the werd *< oi;" to
as to Med« *eefiateeii millioM oat ^thirty,* 4ke.

Page 81,9dUiieft«m bottooM the word * now,' aftet the tiroed*ta,'ieemittid.
It ahovld readi * eaehpoircr ii M» ordiaarilj imdentoodt* 4ko.

Page 89| lOdi Uae ftreai top* aftar the word * remedy/ iaaart the word * haai' lo
eo af to read, * the remedy Aoe had, &c.*

flame ]fmf, ert> Um from boiiwB» aiAor the fvord *««ept,* hiaert the wwd
• is,* ee eeto read* * wtcept«iBo ihr»' Ac

Page 98, Use Sd from bottom, •trike out the word * pomemioa,* and insert the
worde * the title ofthe p emewor,' ao as to read * the title of the poeteoor, if it be
Joat,* fcc.

Page.37, Uae 4lh frem bottom, for * eaynmUar,' read * any ihBilar/ Ae.

PigeSl, 3d lhie,fffem top, after the word < however,' iinertthe worda *ioAr ae
prohiUtieB ia concerned,' making it read thiu— * This right, however, #e/hr «a
proMHtien is cenccfMd, li Tery rarely mMreiaed,' Asa

Pege 54, Une 9d, from top» for * effi>rds,'raad « afforded,' fte*

Pege M> line Idlh, flwm boCtem, strike oat the word • any ,* immedlatatf betee
the word * quality,' and insert the word, * one,' so as to read, any me ^ahty/ 4e.

P«ge 8I» Ikm Mth, fkom botlem, strike ont the word * is,' Ae.

ftffo tfl, Um ith» ft«nlop» strike oat the worde * the rightfol owMrib' eadih-
sertthe words « any peef le ,' so ai towed,* eajoyed by mqrpesyle, whsB,' ho, *

Page 67, M line frem bottom, strike oattheword * ho^' aad haeit the welds
iahlm,'eoas torai^'aete Mm who propeees,' Ac

Page 75. line UO, from tof^iaeit the words •< they and,' so ea to eemo in be-
forotho wepd « m wriiis > ' Ao> II will then tend,* hi the seme wiyrthMtiarwd
moveable thh^p eennesv/ Aa.

Page Ty, in the iHjiiig to the Cbiqyfr, tm * On HUdmdi9m,'kcrmd*€if

P«g» as, Tib n« f'om lop, (iinhB in

3n« pift, 13(& Jme tnpi lop. to ■ •wiOmar,' read ■ Bilk UF,' te.
rif«Ul,'nkli«hSBikiillaa. fii'll u kjlkn iu4*f Beuy,' *» nid, '1

rUglf hj the lid of nomr.- At
Psfv m 7th U» (ram bMUm, iutod of llwHDrda'l u

tic md, ■ I im Kit u cinnrfcr,' ^.
Fn^ t3C. M] line rroalop, Bir- tdhsliig,' rud '•nicuii(, Ac
FageI3g.Miluie from top. for 'nbuulr,' rud'-niM(aslull;,' ftc-
FagaltO, ^ liuiftom badon. ailcr Ihe nerd ' uih. iBasit [ktiTon
Pifc I-U TUlliaB from lap, for *parUboD^/ nwl ■ puroMHtj.' Ae^
FBgelSli 5ch Uaa from boODBi of th» BAte. itHho Qui tu wurdu'Dol <
F>t*tS3. tWitiwfniiiibsnaBi.dlaritesiinli ' m it li iBtordsd,' <w

Fi«iITI. Uth Uufrom botun, IM ■pcodoeW,' rwdpnidK*.'
FifelMi I^Kh line ft'oB top, f?r ^ indifidnuK' tud * laditidiitLi/
F>(a 198, UMb biie IVon bonaa. ftr • utniiw,' nad ' Bochiaf.'
P^s 331, t7A line fnm lop. tm die word ' ia,' ti (bo antln left sf

PigeSaa, llth line frombglUB, for 'efaJ,' raid ')sgi
F((e937, llt^ liBD from lop, tm die wordt ' amplarad iU •(

FtgeStl.iaUi liDB from boKOD.poKlaaU the went! 'nij mUbaHhed, if ii
d iBtinJad,' Ac. eoMto read ihw ' my well be oked. If It ia laladed,' A*.
Paea383,U(tiliiuiftoia top. fer ' comui?,' read ' muaEt/. '
Fafe 3M, liai lUh from top, fc( ' aall,' read ' al aU.'
Page 399. Itlb Una IVdb (op. far ' pn^ra^,' taad 'pMpecIp'
Faiai93.GthUaa(nimtap,fi>r 'dano,' nad'dma.*
8^e pafa. Ttb Saa fI(Ha to^ te ' fin i> tba amea,' read 'rtn bi Oitir BHMa.'

C>(e9H, 4ililuie ftHiUip,ler 'imentotT.'road ' ianmlUT'

405

vt_

Paf e S97, 17lh Udm from bottom, for * the nunM,* road ' thoir nun^/

Paffe 306, 13tk line from top, liMr * and,' read * and.'

Page 343, 3d line from bottom, for * tloerated,' read * tolerated.'

Pajfo 343, 5th line froep top, ftrike out the werd * aad.*

Page 345, 14th line from tep, after the word * poor,' insert the word ' muu*

Same page, 19th line from the top, strike out, * the,' and insert * a.*

Pafe 347, 3d line from bottom, for * comitted, read * eommitted.'

Pafe 355, line lltb from bottom, for * thatit,' read * that it'

Page 366, line 5tfa and 6th from bottom, for ' he eotutnUt' read they conteni.*

s«

1 «.'.'

"'(

■>/

ADVERTISEMENT^

TO SUBSCRIBERS.

I^or reasons that will not fail to suggest thern^
selves, the author has concluded to bind the pre-
sent volume, in a plainer manner, as it regards
the gilding, than the prospectus of his work stipu-
lates; and to substitute, instead thereof, the novel,
and as he trusts, in this instance, the useful inno-
vation upen book-binding, of stamping on the two
covers, IN LETTERS OF GOLD, the title of
tko work. He hopes it will be satisfactory to all ;
but if it is not, those who are dis8i|tisfied, are in-
formed, that it rests with their pleasure to accept,
or to have their copies gilt, (however ill it may be
afibrded,) as the proposals specify, by signifying
such wish to those who shall deliver them.

'^Cf'

3 blDS DID t17 501

STANFORD UNIVERSITY LIBRARIES

CECIL H. GREEN LIBRARY

STANFORD, CALIFORNIA 94305-6004

(415) 723-1493

All books may be recalled after 7 days

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Full text of "The rights of man to property! [microform] : being a proposition to make it equal among the adults of the present generation : and to provide for its equal transmission to every individual of each succeeding generation, on arriving at the age of maturity"

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